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 qualify for an EB-5 investor visa, you must invest a certain amount of capital in a qualifying U.S. business that creates or preserves jobs for U.S. workers, among other requirements.

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

To qualify for an E-2 investor visa, you must be a national of a country that has a treaty of commerce and navigation with the United States and invest a substantial amount of capital in a U.S. business.

The process for obtaining an L-1 intracompany transferee visa involves demonstrating that you are an executive, manager, or specialized knowledge employee of a multinational company and that you will be transferred to a U.S. branch, affiliate, or subsidiary of the company.

Depending on the type of temporary visa you hold, you may be able to engage in certain business activities in the U.S., but starting a business typically requires a specific business visa or lawful permanent residency (green card) through investment.

To qualify for the EB-5 immigrant investor visa, you must invest a specified amount of capital in a qualifying U.S. commercial enterprise that creates or preserves a certain number of jobs for U.S. workers, among other requirements.

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!