immigration questions
immigration questions

IMMIGRATION FAQ

ANSWERS TO YOUR IMMIGRATION RELATED QUESTIONS!

In the intricate landscape of immigration, understanding the legal nuances and potential challenges is essential for achieving your desired outcomes. This page is dedicated to helping you get answers to all of your immigration related questions!

IMMIGRATION FAQ

ANSWERS TO YOUR IMMIGRATION RELATED QUESTIONS!

In the intricate landscape of immigration, understanding the legal nuances and potential challenges is essential for achieving your desired outcomes. This page is dedicated to helping you get answers to all of your immigration related questions!

FIRST STEP GUIDE

TAKE THESE STEPS RIGHT AFTER APPLYING FOR CITIZENSHIP!

This guide is designed to offer comprehensive information, addressing inquiries related to the process of becoming a citizen and providing guidance to navigate the path toward citizenship successfully!

FIRST STEP GUIDE

TAKE THESE STEPS RIGHT AFTER APPLYING FOR CITIZENSHIP!

This guide is designed to offer comprehensive information, addressing inquiries related to the process of becoming a citizen and providing guidance to navigate the path toward citizenship successfully!

STEP ONE

RECEIVE APPLICATION CONFIRMATION

Await the confirmation of receipt from the immigration authorities, which acknowledges your citizenship application has been received and is being processed.

STEP TWO

PREPARE FOR INTERVIEW & EXAMINATION

Assemble all necessary documents and materials for the citizenship interview and examination, including identification, residency records, and study materials for the civics and English tests.

STEP THREE

ATTEND CITIZENSHIP INTERVIEW

Attend the scheduled interview, where you’ll answer questions about your application, background, and other relevant information. The immigration officer will assess your eligibility for citizenship.

STEP FOUR

CONTACT YOUR IMMIGRATION ATTORNEY

Reach out to your immigration attorney to discuss the results of the interview and to receive guidance on any follow-up actions or necessary steps based on the outcome of the interview.

IMMIGRATION FAQ

Find answers to all your questions related to Immigration cases. If you don’t see your question below, use the form to the right to ask a question and one of our Attorneys will get back to you shortly!

ASK A QUESTION

What types of visas are available for coming to the United States?

There are various types of visas, such as tourist (B-2), student (F-1), work (H-1B), family-sponsored (F2A, F2B), and more.

How can I extend my visa if I need more time in the United States?

Depending on the visa type, you might be able to apply for an extension. Consult with an attorney for guidance.

Can I work on a tourist visa?

Generally, no. Tourist visas are for leisure travel, not employment.

What's the difference between an immigrant and a nonimmigrant visa?

Immigrant visas are for those intending to live permanently in the US, while nonimmigrant visas are for temporary stays.

Can I change my visa status while in the US?

In some cases, you can apply to change from one nonimmigrant status to another. Consult an attorney for advice.

What's the Diversity Visa Lottery?

It’s a program that provides a limited number of green cards through a random selection process.

Can I work in the US after obtaining a green card?

Yes, green card holders can work and live in the US permanently.

How do I sponsor a family member for a green card?

US citizens and permanent residents can sponsor certain family members through a family-sponsored preference system.

What's the process for obtaining US citizenship?

Generally, you must be a green card holder for a certain period before applying for naturalization.

Can I travel outside the US while my green card application is pending?

Depending on your situation, you may need to apply for a travel document (Advance Parole) to reenter the US.

How do I apply for an H-1B visa?

Employers must sponsor H-1B visas for highly skilled foreign workers.

What's the process for sponsoring an employee for a green card?

The process involves obtaining labor certification and filing an employment-based immigrant petition.

Can I self-petition for a green card based on my extraordinary ability?

Yes, individuals with extraordinary ability can self-petition in certain categories.

What's the difference between EB-2 and EB-3 visas?

EB-2 is for professionals with advanced degrees or exceptional abilities, while EB-3 is for skilled workers, professionals, and other workers.

Can I work in the US without a work visa?

Generally, you need a valid work visa to legally work in the US.

How do I transfer my H-1B to a new employer?

Your new employer must file an H-1B petition for you.

Can I start my own business on an H-1B visa?

H-1B visa holders can own a business but must adhere to the visa’s work restrictions.

What's Optional Practical Training (OPT)?

OPT allows F-1 students to work in their field of study after completing their degree.

How does the PERM labor certification process work?

It’s a process to demonstrate that there are no qualified US workers available for a certain job.

Can my employer apply for a green card for me if I'm on a student visa?

Yes, in some cases, your employer can sponsor you for a green card.

Can I sponsor my parents for a green card?

US citizens can sponsor their parents, but permanent residents cannot.

What's the process for bringing my fiancé(e) to the US?

You can file a K-1 visa petition for your fiancé(e) to enter the US for marriage.

Can I bring my same-sex spouse to the US?

Yes, same-sex spouses are treated the same as opposite-sex spouses for immigration purposes.

What's the difference between the F2A and F2B categories?

F2A is for spouses and unmarried children of permanent residents, while F2B is for unmarried adult children.

Can I sponsor my siblings for a green card?

US citizens can sponsor their siblings, but there can be long wait times due to high demand.

What's the I-864 Affidavit of Support?

It’s a legal contract where the sponsor agrees to financially support the immigrant spouse or family member.

Can my stepchild get a green card through me?

Yes, stepchildren can generally be sponsored for a green card if the marriage took place before the child turned 18.

Can I adopt a child from another country and bring them to the US?

Yes, you can adopt internationally, but the process can be complex.

Can I sponsor my spouse if I'm not a US citizen?

Yes, both US citizens and permanent residents can sponsor their spouses.

What's the Visa Bulletin, and how does it affect green card processing?

The Visa Bulletin provides information about immigrant visa availability and priority dates.

What's the difference between deportation and removal?

They’re essentially the same process; “removal” is the term currently used by immigration authorities.

Can I be deported if I'm here on a visa?

Yes, violating the terms of your visa or engaging in certain criminal activities can lead to deportation.

Can I appeal a deportation order?

Yes, in many cases, you can appeal deportation orders in immigration court.

Can I be deported for a DUI?

A DUI can have immigration consequences, especially if it’s considered a crime of moral turpitude or aggravated felony.

Can I request asylum if I fear persecution in my home country?

Yes, you can apply for asylum if you meet the criteria and file within one year of arriving in the US.

Can I apply for a waiver to prevent deportation?

Depending on your circumstances, you might be eligible for various waivers to avoid deportation.

Can I be deported for overstaying my visa?

Yes, overstaying your visa can lead to deportation proceedings.

Can DACA recipients be deported?

DACA (Deferred Action for Childhood Arrivals) recipients are generally protected from deportation while their status is valid.

What's Temporary Protected Status (TPS)?

TPS provides temporary protection from deportation for individuals from countries facing certain crises.

Can a green card holder be deported?

Yes, green card holders can face deportation if they commit certain crimes or violate immigration laws.

What's the English language requirement for naturalization?

Applicants for naturalization generally need to demonstrate basic English language skills.

Can I apply for a fee waiver for naturalization?

Yes, fee waivers are available for certain applicants based on their financial situation.

How long do I need to be a green card holder before applying for citizenship?

Typically, you must be a green card holder for at least 5 years (or 3 years if married to a US citizen) before applying for citizenship.

Can I apply for citizenship if I have a criminal record?

It depends on the nature and severity of the criminal record. Some crimes can result in denial of citizenship.

Can I lose my US citizenship after obtaining it?

In rare cases, citizenship can be revoked if it was obtained fraudulently or through certain illegal activities.

What's the naturalization test, and how can I prepare for it?

The naturalization test consists of a civics and an English language test. Study materials are available online.

Do I need to renounce my original citizenship to become a US citizen?

The US generally allows dual citizenship, so you might not need to renounce your original citizenship.

Can I apply for citizenship if I owe back taxes?

Unpaid taxes can affect your application, so it’s recommended to address any tax issues before applying.

Can I apply for citizenship if I receive public assistance?

Receiving certain types of public assistance can affect your application, but it’s not an automatic disqualification.

Can I apply for citizenship if I'm a permanent resident but haven't lived in the US continuously?

Continuous residence is a requirement for citizenship, so prolonged absences from the US could impact your eligibility.

Can I travel outside the US while my green card is pending?

If you leave before obtaining an Advance Parole document, your application might be considered abandoned.

Can I travel outside the US with a pending naturalization application?

It’s generally best to avoid international travel while your naturalization application is pending.

Can I reenter the US after staying abroad for an extended period?

If you’re a green card holder, extended absences from the US could be seen as abandonment of your permanent resident status.

Can I travel while on DACA?

DACA recipients can travel outside the US using Advance Parole, but it’s important to consult an attorney before doing so.

What's a reentry permit, and do I need one?

A reentry permit allows a green card holder to stay outside the US for an extended period without abandoning their residency.

Can I apply for a US visa while in a third country?

Yes, you can generally apply for a US visa in a country other than your home country.

Can I travel with a pending asylum application?

You can travel using Advance Parole if you have a pending asylum application, but consult an attorney before doing so.

Can I travel if I have a removal order?

Traveling with a removal order can be risky, as you might not be allowed to reenter the US.

Can I travel if I'm in the process of adjusting my status?

Traveling while your adjustment of status is pending can complicate your application. Consult an attorney before doing so.

Can I travel with an expired green card and a pending renewal application?

It’s generally recommended to have a valid green card before traveling internationally.

Who is eligible to apply for asylum in the US?

Individuals who have suffered persecution or fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group can apply for asylum.

Can I apply for asylum at a US embassy or consulate?

No, you can only apply for asylum if you are physically present in the US.

What's the difference between asylum and refugee status?

Asylum is for individuals already in the US, while refugee status is granted to individuals outside the US who are facing persecution and are referred by the United Nations or another qualifying agency.

Can I apply for asylum if I entered the US illegally?

Yes, you can still apply for asylum even if you entered the US without authorization.

Can I apply for asylum after being in the US for a certain period?

Generally, you must apply for asylum within one year of arriving in the US, but exceptions may apply.

Can I work while my asylum application is pending?

After 150 days of filing your complete asylum application, you can apply for an employment authorization document (EAD).

Can I apply for asylum if I was previously denied?

If you were previously denied asylum, you might still be eligible to apply again with new evidence or changed circumstances.

Can I travel outside the US while my asylum application is pending?

Traveling outside the US while your asylum application is pending can result in abandonment of the application. Consult an attorney before traveling.

What happens if my asylum application is denied?

f your asylum application is denied, you might be placed in removal proceedings. It’s crucial to consult an attorney.

Can my family members join me if my asylum application is approved?

Yes, you can apply to bring your spouse and unmarried children under 21 to the US after receiving asylum.

What's the difference between consular processing and adjustment of status?

Consular processing involves obtaining a visa at a US consulate abroad, while adjustment of status is done within the US to obtain a green card.

How long does the adjustment of status process take?

The processing time can vary widely based on factors like your visa category, USCIS workload, and any potential delays.

Can I apply for a green card through marriage to a US citizen?

Yes, if you’re married to a US citizen, you can apply for a green card through the marriage-based green card process.

Can I work while my adjustment of status application is pending?

You can apply for an employment authorization document (EAD) while your adjustment of status application is pending.

Can I leave the US while my adjustment of status application is pending?

If you leave the US while your adjustment of status application is pending, you might need an Advance Parole document to return without abandoning your application.

Can I adjust my status if I entered the US illegally?

Some individuals who entered the US without inspection may still be eligible for adjustment of status through certain family-based categories.

Can I apply for a green card through my employer?

Yes, if your employer sponsors you, you can apply for a green card through employment-based categories.

Can I adjust my status if I'm out of status?

Depending on your circumstances, you might still be eligible to adjust your status, especially if you have an immediate family member who is a US citizen or permanent resident.

Can I apply for a green card through the Diversity Visa Lottery while in the US?

No, the Diversity Visa Lottery winners must go through consular processing abroad to obtain their green cards.

Can I apply for a green card without a sponsor?

Some employment-based categories allow for self-sponsorship based on extraordinary abilities or national interest waivers.

Do I need to undergo a medical examination for a visa or green card?

Yes, a medical examination is generally required to ensure you don’t have a medical condition that would make you inadmissible to the US.

Can a medical condition affect my visa application?

Certain medical conditions can result in inadmissibility, but waivers might be available in some cases.

Can I be denied a visa or green card due to HIV status?

HIV status was previously a ground for inadmissibility, but as of 2021, it is no longer a basis for denial.

Can a vaccination exemption affect my green card application?

Some vaccines are required for immigration purposes, but exemptions may be available based on medical or religious reasons.

Do I need health insurance to apply for a green card?

As of November 2019, immigrants seeking to enter the US or adjust status are required to have health insurance or demonstrate financial ability to cover medical costs.

Can I apply for a green card if I was granted asylum?

Yes, after one year of being granted asylum, you can apply for a green card.

Can I apply for a green card through the U Visa program?

The U Visa is primarily for crime victims who assist law enforcement, and it can eventually lead to a green card.

Can I apply for a green card if I'm a victim of domestic violence?

Yes, victims of certain crimes, including domestic violence, might be eligible to apply for a U Visa or other forms of relief.

Can I apply for a green card through the Special Immigrant Juvenile Status program?

Yes, this program is for unmarried minors who have been abused, abandoned, or neglected by one or both parents.

Can I apply for a green card through the Violence Against Women Act (VAWA)?

Yes, victims of domestic violence, as well as certain family members, can apply for a green card through VAWA.

Can I be deported for failing to register for Selective Service?

Failing to register for Selective Service can lead to ineligibility for naturalization but is unlikely to result in deportation.

Can I appeal an immigration decision?

Yes, you can generally appeal certain immigration decisions to the appropriate appeals board or federal court.

Can I be denied a visa or entry to the US for past social media posts?

Immigration officials can review your social media activity as part of the vetting process, but it’s rare for social media posts alone to lead to a denial.

Can I be deported for not filing taxes?

Not filing taxes could potentially affect your immigration status, especially if you’re required to provide proof of financial stability.

Can I apply for a green card if I'm a victim of human trafficking?

Yes, victims of human trafficking may be eligible for a T Visa, which can lead to a green card.

Can I apply for a green card if I'm a victim of a serious crime?

Victims of certain serious crimes might be eligible for a U Visa, which can eventually lead to a green card.

Can I apply for asylum if I entered the US with false documents?

Entering the US with false documents could affect your asylum application, but each case is unique.

Can I change my immigration attorney during my case?

Yes, you have the right to change your attorney at any point during your case.

Can I be denied a visa or entry to the US for a past drug conviction?

Certain drug convictions can make you inadmissible to the US, but waivers might be available in some cases.

Can I get a green card if I'm a victim of persecution based on my sexual orientation?

Yes, persecution based on sexual orientation can be a valid basis for seeking asylum or other forms of relief.