Immigration

Senator Lieberman's Constituent Service Center regularly receives the following questions regarding immigration. If your question is not answered here, please send an email so that his staff may address your concern.

• Where can I find comprehensive information on immigration policies and procedures?
• Can Senator Lieberman's Constituent Services Center help me with my immigration issue?
• Where can I obtain more information on the Diversity Visa (DV) lottery?
• How do I become a naturalized citizen?
• How can Members of the U.S. Armed Forces and their dependents obtain citizenship?
• How do I obtain information about political asylum?
• How do I obtain information about coming to the United States as a refugee?
• Where can I find information about student visas?
• I want someone from a foreign country to visit me. What does this person need to do in order to obtain a tourist visa?
• What is the Visa Waiver Program and how does a person obtain this kind of tourist visa?
• I know someone who was denied a tourist visa. Can tourist visa denials be appealed?
• What can someone who was denied a tourist visa do in order to enter the United States?
• Where can I go for more information on tourist visas?
• Where can I obtain immigration advice and representation?
• What does the Constituent Service Center need to be able to review my immigration case?

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Q: Where can I find comprehensive information on immigration policies and procedures?

U.S. immigration law outlines several immigrant visa categories under which an alien can seek to become a permanent resident (i.e. green card) alien. The first step is to determine whether an alien can secure an immigrant visa under and established visa category.

U.S. citizens can petition for the emigration of a parent, spouse, orphan, and child under 21 years of age in the Immediate Relative visa categories. U.S. citizens may also petition for the emigration of an unmarried or married child over 21 years of age and siblings in the Family Preference visa categories. Permanent resident aliens may petition for the emigration of a spouse and unmarried child under and over 21 years of age in the Family Preference visa categories.

There are five employment based visa categories (1) Priority Workers – 40,000 visas each fiscal year; (2) Members of the Professions Holding Advanced Degrees OR Aliens of Exceptional Ability – 40,000 visa each fiscal year; (3) Skilled Worker – Professional/Other Worker – 40,000 visas each fiscal year with a limit of 10,000 visas going to “Other Workers”; (4) Certain Special Immigrants – 10,000 visas each fiscal year; and (5) Employment Creation Immigrants – 10,000 visas each fiscal year.

Please visit the USCIS web site at (www.uscis.gov) for more information about the immediate relative, family preference, and employment based immigrant visa categories.

The National Benefits Center (NBC) serves as a hub and conduit for USCIS local field offices. The NBC completes all pre-interview processing of forms and documents for alien requiring interviews as local USCIS offices for adjudication. Please visit the NBC web site at (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d0943591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=52a46c854523d010VgnVCM10000048f3d6a1RCRD) for more information.

The National Visa Center processes all approved immigrant visa petitions after they are received from the U.S. Citizenship and Immigration Services and retains the petitions until the cases are ready for adjudication by an Embassy/Consulate abroad. Please visit the Bureau of Consular Affairs web site at (http://travel.state.gov/visa/immigrants/types/types_1309.html) which provides a wealth of information about overseas immigrant visa processing.

Q: Can Senator Lieberman's Constituent Services Center help me with my immigration issue?

The Constituent Service Center provides general information and assistance in a number of areas related to immigration, including nonimmigrant visas, permanent residency ("green card"), naturalization, work permits, asylum and refugees. The Constituent Service Center cannot help expedite applications, with the exception of those that involve documented life and death medical emergencies. Please visit the USCIS Web Site for more information on immigration forms and processing.

Q: Where can I obtain more information on the Diversity Visa (DV) lottery?

The Diversity Immigrant Visa Program makes available 50,000 diversity visas (DV) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States. For the most up-to-date information, please visit the DV lottery(http://travel.state.gov/visa/immigrants/types/types_1322.html) on the U.S. Department of State, Bureau of Consular Affairs web site.

Q: How do I become a naturalized citizen?

A person may become a U.S. citizen either at birth or after birth. Individuals who are born in the United States and subject to the jurisdiction of the United States and individuals born in certain territories or outlying possessions of the United States are citizens at birth. Also, individuals born outside the United States may be citizens at birth if their parent of parents were citizens at the time of birth and other requirements are met. Additionally, you may become a U.S. citizen after birth either through your parents or grandparents, known as “derived” or “acquired” citizenship or by applying for naturalization on your own. Please visit the USCIS web site at (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=a2ec6811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=a2ec6811264a3210VgnVCM100000b92ca60aRCRD) for information on naturalization requirements, application procedures, and the naturalization test.

Q: How can Members of the U.S. Armed Forces and their dependents obtain citizenship?

Members of the U.S. armed forces and their dependents (spouses and children) may be eligible for citizenship, to include expedited and overseas processing, under special provisions of the Immigration and Nationality Act (INA). For more information, please visit the USCIS web site.

The U.S. military has established a special toll-free Military Help Line at 1-877-CIS-4MIL (1-877-247-4645).

Q: How do I obtain information about Political Asylum?

A person may seek protection in the United States through the political asylum process if they have suffered persecution or fear of persecution due to:

• Race
• Nationality
• Membership in a particular social group
• Political opinion

To apply for political asylum, an alien must file an application within one year of arrival in the United States. There is no fee to file a political asylum application. An alien may include a spouse and eligible children who in the United States at the time the application is filed or at any time until a final decision is made on the case. An eligible child must be under 21 years of age and unmarried at the time of the political asylum application. Please visit the USCIS web site for more information on the political asylum application process.

Q: How do I obtain information about coming to the United States as a refugee?

U.S. immigration law defines a refugee as an individual who:

• Is located outside of the United States
• Is of special humanitarian concern to the United States
• Demonstrates that they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group, and is not firmly resettled in another country
• Is admissible to the United States

An alien must receive a referral to the U.S. Refugee Admissions Program (USRAP) for consideration as a refugee pursuant to the USRAP Consultations and Worldwide Processing Priorities. If an alien receives a referral, assistance will be provided to fill out the refugee application, and an interview will be conducted abroad by a USCIS officer who will determine the alien’s eligibility for refugee status. An alien may include a spouse, child (unmarried and under 21 years of age), and in some limited circumstances, other family members. There is no application fee to apply for refugee status. Please visit the USCIS web site for more information on the USRAP and refugee referral process.

Q: Where can I find information about student visas?

Please visit the USCIS web site and the Bureau of Consular Affairs website for information on student visa requirements and procedures.

Q: I want someone from a foreign country to visit me. What does this person need to do in order to obtain a tourist visa?

In most cases, a person must go to the United States Embassy or Consulate Office in their home country in order to apply for a tourist visa. Each Embassy or Consulate has an on-line application procedure an alien must use to secure a nonimmigrant visa interview. A tourist visa is for international travelers (citizens of foreign countries) coming to the United States for a temporary stay. This visa allows you to travel to a U.S. port-of-entry (i.e. an airport) and request permission from the U.S. Department of Homeland Security immigration inspector to enter the United States. A tourist visa does not guarantee entry into the United States.

To qualify for a tourist visa, an alien must meet the Immigration and Naturalization Act (INA) Section 214(b) test which states that, "every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa...that he is entitled to a nonimmigrant visa," and the applicant must show that he or she has a permanent residence and other ties abroad that would compel his or her return home upon the end of his or her temporary stay. The law places this burden of proof upon the applicant. Evidence of strong ties are family, home or property ownership, a letter of employment, and bank account.

Q: What is the Visa Waiver Program and how does a person obtain this kind of tourist visa?

The Visa Waiver Program (VWP) allows nationals of 35 participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa at an Embassy or Consulate. Nationals of VWP countries must meet eligibility requirements to travel to the United States without a visa on this program. Some travelers from VWP countries are not eligible to use this program (i.e. aliens who have overstayed a previous tourist visa are ineligible for the VWP and must use the formal tourist visa application and interview application process). VWP travelers are required to have a valid authorization through the Electronic System for Travel Authorization (ESTA) prior to travel, are screened at the port0of-entry into the United States, and are enrolled in the Department of Homeland Security’s US-VISIT (http://www.dhs.gov/files/programs/usv.shtm) program. Please visit the Bureau of Consular Affairs web site for additional VWP information.

Q: I know someone who was denied a tourist visa. Can tourist visa denials be appealed?

Consular offices have sole authority to approve or deny tourist visas. The decision cannot be appealed to a higher authority, and it can be reviewed only for factual error within the Nonimmigrant Visa Section. The U.S. Department of State does not review nor is it able to provide individual responses to overseas visa decisions. There is no provision in U.S. immigration law that provides for an American relative to guarantee an alien's return home. You cannot post bond nor offer any guarantee that will weigh into the consular officer's decision to grant or deny the tourist visa. Section 214(b) is the test for determining whether an alien can visit the United States. For more information, please visit the Bureau of Consular Affairs web site about visa denial.

Q: What can someone who was denied a tourist visa do in order to enter the United States?

Every person who is denied a tourist visa can reapply unless the Embassy or Consulate overseas puts a stamp in the alien's passport barring the person from coming back for a period of time. An alien should reapply only if there have been changes to the person's family or economic circumstances, or new evidence is presented that was not considered in the first visa interview.

Q: Where can I go for more information on tourist visas?

Please visit the Department of State, Bureau of Consular Affairs web site.

Q: Where can I obtain immigration advice and representation?

The U.S. Department of Justice, Executive Office of Immigration Review (EOIR), maintains a roster of accredited immigration organizations and persons entitled to represent individuals in matters before the Department of Homeland Security (DHS)/U.S. Citizenship & Immigration Services (USCIS) and the Immigration Courts and Board of Immigration Appeals ("Board"), and include, among others, accredited representatives.  Any such representatives must be designated by a qualified organization, as recognized by the Board.  A recognized organization must apply to the Board for accreditation of such a representative or representatives.

A roster is maintained by the Recognition/Accreditation Program Coordinator, and is updated quarterly. Since changes may occur between quarterly updates that affect the status of organizations and representative(s), you may contact the Program Coordinator at (703) 305-9029 or visit the EOIR web site at:

http://www.justice.gov/eoir/statspub/raroster.htm

 

Catholic Charities Diocese of Bridgeport 06/27/07

238 Jewett Avenue

Bridgeport, CT 06606

Arevalo, Alex (DHS only) 06/04/10

(203) 416-1306

http://www.bridgeportdiocese.com/index.php/catholiccharities

 

International Institute of Connecticut 07/08/58

670 Clinton Avenue

Bridgeport, CT 06605

Santos, Donna (DHS only) 12/08/09

(203) 336-0141

http://www.iiconn.org/

 

Jewish Family Service of Greenwich 02/24/04

1 Holly Hill Lane

Greenwich, CT 06830

(203) 622-1881

http://www.jfsgreenwich.org/

 

Catholic Charities/Catholic Family Services, Inc. 10/15/90

Diocese of Hartford

125 Market Street

Hartford, CT 06103

Gough, Judith G. (DHS only) 11/03/09

Weekes, Unoma Joyce (DHS only) 11/03/09

(860) 548-0059

Hernandez, Zaida (DHS only) 10/22/10

http://www.ccaoh.org/Mig_Refugee_programs.html

 

Catholic Charities

Centro San Jose

290 Grand Avenue

New Haven CT 06513

203-777-6771

 

 

Catholic Charities

Family Service Center

13 Wolcott Street

Waterbury CT 06702

203-596-9359

 

 

International Institute of Connecticut 04/30/96

Hartford Satellite Office

330 Main Street, 3rd Floor

Hartford, CT 06106

Kipa-Daigle, Irena 03/17/10

Murray, Linda (DHS only) 12/08/09

(860) 692-3085

http://www.iiconn.org/

 

Integrated Refugee & Immigrant Services

235 Nicoll Street, 2^nd Floor

New Haven, CT 06511

Yelner, Olia (DHS only) 1/17/2008

(203) 562-2769

http://www.irisct.org/

 

Jerome N. Frank Legal Services Organization 05/04/77

Yale Law School

127 Wall Street

New Haven, CT 06520

(203) 432-4800

http://www.law.yale.edu/academics/JeromeNFrankLSO.htm

 

Catholic Charities Diocese of Norwich 08/31/10

28 Huntington Street

New London, CT 06320

Bazinet, Rosalinda (DHS only) 08/31/10

Hilario, Alvania (DHS only) 08/31/10

http://www.ccfsn.org/nlloc.html

860-443-5328

 

 International Institute of Connecticut 04/30/96

22 Grove Street

Stamford, CT 06902

Delva, Claude (DHS only) 03/17/10

Reyes, Josefina (DHS only) 03/17/10

(203) 965-7190

http://www.iiconn.org/

 

Schilo Family Services, Inc. 07/27/10

977 Hope St

Stamford, CT 06907

Merville, Fanel (DHS only) 07/27/10

http://www.schilosda.org/home.html

203.548.7SDA (7732)  

 

Additional Resources:

USCIS – Finding Legal Advice http://www.uscis.gov/legaladvice

 

Pro Bono representation for individuals who are in removal proceedings (who must see an immigration judge) http://www.justice.gov/eoir/probono/freelglchtCT.htm

 

New Haven Legal Assistance - http://www.nhlegal.org/

 

Greater Hartford Legal Aid - http://www.ghla.org/

 

Connecticut Pro Bono Network - http://www.probono.net/aba_oppsguide/organization.135382-Connecticut_Pro_Bono_Network

 

American Immigration Lawyers Association – Connecticut Chapter - http://ctaila.org/

You can also obtain a referral to an immigration attorney through the Connecticut Bar Association Lawyer Referral Service web site (http://www.ctbar.org/article/view/291) or call your local and county bar associations:

·        Hartford, Litchfield, Middlesex, Tolland and Windham: (860)525-6052

·        Fairfield: (203)335-4116

·        New Haven: (203)562-5750

·        New London (M-W-F): (860)889-9384

Q: What does the Constituent Service Center need to be able to review my immigration case?

All that is necessary is for you to send us an email or written letter and, in plain language, please let the Constituent Service Center know:

1) your alien number and receipt number (if applicable)
2) what forms you have filed, the dates the forms were filed, and the location at which the forms were filed (if applicable);
3) whom you have already contacted to try to resolve the problem, and
4) what responses you have received.

In certain cases, the Constituent Service Center may require copies of receipts, applications, or additional documentation. A staff member will contact you as soon as possible if additional material or information is required.