IMMIGRATION FAQ

You can bring your spouse to the United States through a marriage-based immigrant visa process, such as the CR1 or IR1 visa, or through adjustment of status if your spouse is already in the U.S.

The requirements vary depending on the relationship between you and your family member, but generally, you must be a U.S. citizen or lawful permanent resident and show that you can financially support your relative.

U.S. citizens can sponsor their parents for immigration to the U.S., but lawful permanent residents cannot.

The processing time varies depending on factors such as the type of relationship and the country of origin of the family member, but it can range from several months to several years.

Overstaying a visa can have serious consequences, including being subject to removal (deportation) proceedings. However, certain options may be available to address the situation, such as applying for a waiver or adjustment of status.

There are various types of visas available for employment purposes, including the H-1B visa for specialty occupations, the L-1 visa for intracompany transferees, and the O-1 visa for individuals with extraordinary ability.

To obtain an H-1B visa, you must have a job offer from a U.S. employer for a specialty occupation, and your employer must sponsor your visa petition.

The process for obtaining a green card through employment typically involves labor certification (PERM) and sponsorship by an employer, followed by the filing of an immigrant petition and adjustment of status or consular processing.

Yes, employers can sponsor employees for permanent residency (green card) in certain employment-based categories, subject to meeting specific eligibility criteria.

To secure a US visa with a job offer, your employer typically sponsors you by filing a petition with U.S. Citizenship and Immigration Services (USCIS). Once approved, you can apply for the appropriate work visa at a U.S. embassy or consulate.

Exceptional talent visas, like the O-1 visa in the U.S., require demonstrating extraordinary ability in your field through national or international acclaim. Gather evidence of your achievements and have a U.S. employer or agent file a petition on your behalf.

The EB-1 green card category is for individuals with extraordinary ability, outstanding professors/researchers, or multinational managers/executives. You’ll need substantial evidence of your accomplishments to qualify.

The EB-2 visa is an employment-based green card category for professionals holding an advanced degree or its equivalent or those with exceptional ability in the sciences, arts, or business. This visa offers a path to permanent residency (a green card). The O-1 visa is a nonimmigrant visa for individuals with extraordinary ability or achievement in the sciences, arts, education, business, or athletics. This visa allows for temporary stay and work in the U.S. but doesn’t directly lead to a green card.

While there’s no waiting period to start the green card process once you have an H1B visa, it’s important to understand that the process itself can take several years. Your employer can initiate the PERM labor certification process and then file an I-140 immigrant petition for you. However, depending on your country of origin and the visa category, there may be visa backlogs that delay the final stage of getting your green card (adjusting status or consular processing).

Adjustment of status is the process by which an eligible foreign national can apply for lawful permanent resident status (green card) without leaving the United States. Eligibility criteria include being eligible for an immigrant visa and having an immigrant petition approved.

In some cases, individuals who entered the U.S. illegally may still be eligible to apply for adjustment of status based on certain exceptions or eligibility categories, such as through a qualifying family relationship or employment sponsorship.

The documentation required for adjustment of status varies depending on the basis of eligibility, but typically includes forms, supporting evidence, photographs, and fees.

The processing time for adjustment of status varies depending on factors such as USCIS processing times, backlogs, and individual circumstances, but it can range from several months to over a year.

If you have a pending adjustment of status application, traveling outside the United States may affect your application. It is important to consult with an immigration attorney before making any travel plans.

If you receive a Notice to Appear (NTA) in immigration court, it is crucial to seek legal representation from an experienced immigration attorney as soon as possible to understand your rights and options for defense.

Depending on your circumstances, you may have options to avoid deportation, such as seeking relief from removal, applying for asylum, cancellation of removal, or adjustment of status.

You have certain rights during removal proceedings, including the right to be represented by an attorney, the right to present evidence and witnesses, and the right to appeal decisions made by the immigration judge.

To qualify for cancellation of removal, you must meet specific eligibility criteria, including having been physically present in the U.S. for a continuous period, demonstrating good moral character, and showing that your removal would result in exceptional and extremely unusual hardship to qualifying relatives who are U.S. citizens or lawful permanent residents.

Yes, you can appeal a deportation order to the Board of Immigration Appeals (BIA) within a specified timeframe. It is important to seek legal representation from an experienced immigration attorney to guide you through the appeals process.

Temporary Protected Status (TPS) is a temporary immigration status granted to individuals from designated countries that are experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions. Eligibility criteria vary depending on the designated country and the specific conditions.

To apply for Deferred Action for Childhood Arrivals (DACA), you must meet certain eligibility criteria, including having arrived in the United States before a specified age, continuously residing in the U.S., and meeting educational or military service requirements.

Yes, victims of certain crimes or human trafficking may qualify for immigration relief, such as the U visa for victims of crime and the T visa for victims of human trafficking

The U visa is a nonimmigrant visa available to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. To apply for a U visa, you must file Form I-918, Petition for U Nonimmigrant Status, with USCIS.

The deadlines for applying for humanitarian relief vary depending on the specific program or category. It is essential to consult with an immigration attorney as soon as possible to determine your eligibility and meet any applicable deadlines.

A waiver of inadmissibility is a legal mechanism that allows certain individuals who are otherwise ineligible for admission to the United States to be granted a waiver of certain grounds of inadmissibility, such as unlawful presence, fraud, or criminal convictions.

To apply for a waiver of inadmissibility, you must demonstrate that you are eligible for the specific waiver provision, provide supporting evidence and documentation, and file the appropriate application form with USCIS or the U.S. Department of State.

The grounds of inadmissibility that can be waived vary depending on the specific waiver provision, but common grounds include unlawful presence, fraud or misrepresentation, certain criminal convictions, and health-related grounds.

The evidence required to support a waiver application depends on the specific grounds of inadmissibility and waiver provision, but it may include affidavits, documentation of rehabilitation, medical records, and other supporting evidence.

The processing time for a waiver application varies depending on factors such as USCIS processing times, the complexity of the case, and individual circumstances, but it can range from several months to over a year.

There are various types of visas available for business and investor purposes, including the E-1 treaty trader visa, the E-2 treaty investor visa, the L-1 intracompany transferee visa, and the EB-5 immigrant investor visa, among others. Learn more about EB Visas

The best business for an EB-5 visa is one that meets the program’s requirements, including creating at least 10 full-time jobs for U.S. workers. Popular options include investing in a regional center project or starting your own business.

The minimum investment required for an EB-5 visa is $800,000 for Targeted Employment Areas (TEAs) and $1,050,000 for non-TEAs. In addition to this, you should expect to pay administrative and legal fees.

Legal fees for an EB-5 visa can vary depending on the complexity of your case and the attorney you choose. You can expect to pay anywhere from $5,000 to $20,000 or more.

The EB-5 visa process typically takes several years to complete. The initial I-526 petition can take 20.5 to 27 months for processing, followed by additional time for consular processing or adjustment of status.

Yes, your spouse can work in the U.S. if you have an E-2 visa. They will need to apply for an Employment Authorization Document (EAD) from USCIS, but they can work for any employer once it is approved.

There is no set minimum investment amount for an E-2 visa, but it must be a “substantial” investment relative to the total cost of the business. As a general guideline, investments of at least $100,000 are often more successful, but it is possible to get approval with a smaller investment if you can demonstrate its significance to the business.

The EB-2 visa is an employment-based green card for individuals with advanced degrees or exceptional ability in their field. The O-1 visa is a nonimmigrant visa for individuals with extraordinary ability or achievement in the sciences, arts, education, business, or athletics. The main difference is that the EB-2 leads to permanent residency, while the O-1 is a temporary work visa.

One of the most common ways to obtain a US green card through investment is via the EB-5 program. This program requires a substantial investment in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers. The minimum investment amounts are currently $800,000 for Targeted Employment Areas (TEAs) and $1,050,000 for non-TEAs.

Owning a business in the US can potentially lead to a green card, but it depends on several factors. The business must meet certain requirements, such as generating enough revenue and creating jobs for US workers. You may be eligible for an EB-1C visa if you’re a multinational executive or manager, or potentially an EB-2 NIW (National Interest Waiver) if your business is considered to be in the national interest.

Yes, your employer can sponsor you for a green card. The most common way is through the employment-based categories, like the EB-2 or EB-3. Your employer will need to file a petition with USCIS on your behalf, demonstrating that they have a permanent position available for you and that you meet the qualifications for the specific visa category.

Special Immigrant Juvenile Status (SIJS) is a form of immigration relief available to certain undocumented immigrant children who have been abused, neglected, or abandoned by one or both parents. To be eligible, you must meet specific criteria and obtain a juvenile court order.

Religious workers can apply for special immigrant visas (R-1 visas) by obtaining sponsorship from a religious organization in the United States and meeting specific eligibility criteria, including demonstrating that they will work in a religious capacity.

Yes, Afghan and Iraqi nationals who worked for or on behalf of the U.S. government in certain capacities may qualify for special immigrant visas (SIVs) under the Afghan Allies Protection Act or the Iraqi Refugee Assistance Program.

The documentation required for special immigrant visa applications varies depending on the specific visa category, but it may include forms, supporting evidence, affidavits, and letters of recommendation.

The processing time for special immigrant visa applications varies depending on factors such as the specific visa category, USCIS processing times, and individual circumstances, but it can range from several months to over a year.

The immigration requirements for adopting a child from another country vary depending on factors such as the child’s country of origin, your relationship with the child, and the adoption process followed.

To bring an adopted child to the U.S., you must follow the appropriate immigration process, which may involve obtaining an immigrant visa for the child through consular processing or applying for adjustment of status if the child is already in the U.S.

The documentation required to complete the immigration process for an adopted child varies depending on factors such as the child’s immigration category, the adoption process followed, and the specific requirements of U.S. immigration authorities.

Depending on various factors, such as the child’s age, immigration status, and eligibility criteria, you may be able to apply for citizenship for an adopted child through the naturalization process or other means. It is essential to consult with an experienced immigration attorney to explore your options.

Yes, there may be restrictions on adopting a child from a specific country, including eligibility criteria, adoption procedures, and immigration requirements imposed by both the child’s country of origin and the United States. It is crucial to research and comply with all applicable laws and regulations.

The NAFTA Professional (TN) visa is a nonimmigrant visa available to citizens of Canada and Mexico who work in certain professional occupations listed in the North American Free Trade Agreement (NAFTA). To be eligible, you must meet specific education and employment requirements.

Canadian and Mexican professionals can apply for TN visas by presenting a job offer from a U.S. employer in a qualifying professional occupation and providing supporting documentation to establish eligibility at a designated port of entry or U.S. embassy or consulate.

No, the TN visa is limited to specific professional occupations listed in NAFTA Appendix 1603.D.1. If your profession is not listed, you may not be eligible for a TN visa, but you may explore other visa options based on your qualifications and employment offer.

The process for renewing a TN visa involves submitting a new application at a designated port of entry or U.S. embassy or consulate and providing updated documentation to establish continued eligibility for the visa.

Yes, TN visa holders are limited to employment in the specific professional occupation for which the visa was granted, and they must comply with the terms and conditions of their visa status, including maintaining nonimmigrant intent and departing the U.S. upon the expiration of authorized stay. To learn more, click here!