Immigration Law FAQs
Answers to Your Most Common Immigration Questions
Navigate the complexities of immigration law with confidence. Find answers to frequently asked questions about visas, green cards, citizenship, and more.
Green Cards & Permanent Residence
How long does it take to get a green card?
Processing times vary significantly based on the category. Family-based green cards can take 8 months to 20+ years depending on the relationship and country of origin. Employment-based green cards typically take 1-3 years. Marriage to a US citizen is usually the fastest at 8-14 months.
Can I work while my green card application is pending?
Yes, in most cases. You can apply for an Employment Authorization Document (EAD) while your adjustment of status application is pending. This typically takes 3-5 months to receive and allows you to work for any employer.
What is the difference between conditional and permanent green cards?
Conditional green cards are valid for 2 years and are issued to spouses married less than 2 years at the time of approval, and certain investors. You must file to remove conditions 90 days before expiration. Permanent green cards are valid for 10 years and are renewable.
Can I travel outside the US with a green card?
Yes, but trips should generally be less than 6 months. Trips over 1 year may result in abandonment of status unless you obtain a re-entry permit. Always carry your green card when traveling.
Work Visas & Employment
Which work visa is best for me?
It depends on your qualifications and situation. H-1B is for specialty occupations requiring a degree. L-1 is for intracompany transfers. O-1 is for individuals with extraordinary ability. TN is for Canadian/Mexican professionals. E-2 is for investors. Each has different requirements and processing times.
Can my employer sponsor me for a green card?
Yes, most employers can sponsor employees for permanent residence through the PERM labor certification process. This involves proving no qualified US workers are available for the position. The process typically takes 1.5-3 years total.
What happens to my visa if I lose my job?
For H-1B holders, you have a 60-day grace period to find new employment, change status, or depart the US. Other visas have different rules. It's crucial to act quickly and consult an attorney about your options.
Can I start my own business on a work visa?
It depends on the visa type. H-1B holders generally cannot be self-employed but can own a business passively. E-2 and L-1 visas allow business ownership. O-1 visa holders can be self-employed in their field of expertise.
Family Immigration
Can I petition for my parents if I'm a US citizen?
Yes, US citizens aged 21 or older can petition for their parents as immediate relatives. There's no waiting list, and the process typically takes 8-14 months. Green card holders cannot petition for parents.
How long does the K-1 fiancé visa take?
K-1 fiancé visas typically take 6-9 months from filing to arrival in the US. After marriage, you must file for adjustment of status to get a green card, which takes another 8-14 months.
Can my children get citizenship automatically?
Children born in the US are citizens regardless of parents' status. Children born abroad may derive citizenship if at least one parent is a US citizen who meets residency requirements. Children can also derive citizenship when parents naturalize if they're under 18 and have green cards.
What is the age limit for children in immigration?
Children must be under 21 to qualify as "children" for immigration purposes. The Child Status Protection Act (CSPA) can freeze their age in some cases if they age out during processing.
Deportation & Removal Defense
What should I do if I receive a Notice to Appear?
Do not ignore it. This starts removal proceedings. Immediately consult an immigration attorney. You have the right to an attorney (at your expense) and should not sign anything or make statements without legal counsel.
Can I get deported if I have a green card?
Yes, green card holders can be deported for certain crimes, immigration fraud, or abandonment of residence. Criminal convictions are the most common reason. Always consult an immigration attorney before pleading guilty to any crime.
What is cancellation of removal?
It's a form of relief for people in removal proceedings. For green card holders, you need 5 years with a green card and 7 years of continuous residence. For non-green card holders, you need 10 years in the US, good moral character, and must show exceptional hardship to qualifying relatives.
Can I return to the US after deportation?
It depends on the reason for deportation. You may face a 5, 10, or 20-year bar, or permanent bar. Some waivers are available in limited circumstances. Illegal re-entry after deportation is a serious federal crime.
Citizenship & Naturalization
When can I apply for citizenship?
Generally, after 5 years as a green card holder (3 years if married to a US citizen). You must have continuous residence, physical presence for half the required period, good moral character, and pass English and civics tests.
What crimes affect citizenship applications?
Any crime can affect your application. Aggravated felonies and crimes involving moral turpitude are most serious. Even minor offenses require disclosure. DUIs, domestic violence, and drug crimes are particularly problematic.
Can I have dual citizenship?
The US allows dual citizenship, but some countries don't. Check your home country's laws. You won't have to renounce your original citizenship for the US, but you must take an oath of allegiance.
What if I fail the citizenship test?
You get a second chance. USCIS will schedule a re-examination within 60-90 days. You only retake the portion you failed. If you fail twice, you must restart the application process.
Asylum & Refugee Protection
What is the deadline to apply for asylum?
You must apply within one year of arrival in the US, with some exceptions for extraordinary circumstances or changed country conditions. Missing the deadline doesn't bar you from withholding of removal or CAT protection.
Can I work while my asylum case is pending?
You can apply for work authorization 150 days after filing your asylum application. If approved, the EAD is valid for 2 years and renewable while your case is pending.
What are the grounds for asylum?
Persecution or fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The persecution must be by the government or groups the government is unwilling or unable to control.
Can my family be included in my asylum application?
Yes, your spouse and unmarried children under 21 can be included as derivatives if they're in the US. If granted asylum, you can petition for them to join you if they're abroad.
Immigration Court & Appeals
How long do immigration court cases take?
Currently, the average wait time for a hearing is 2-4 years due to backlogs. Some cases move faster if detained. The timeline depends on the court's docket and case complexity.
Can I appeal an immigration judge's decision?
Yes, you can appeal to the Board of Immigration Appeals (BIA) within 30 days. BIA decisions can be appealed to federal circuit courts. Each level has strict deadlines and procedural requirements.
Do I need a lawyer for immigration court?
While not required, having a lawyer dramatically improves your chances of success. Studies show represented individuals are 5 times more likely to win their cases. The government will have an attorney prosecuting your case.
What is a bond hearing?
If detained by ICE, you may request a bond hearing before an immigration judge to seek release while your case is pending. Bond amounts vary from $1,500 to $50,000+ based on flight risk and danger to community.
DACA & Dreamers
Can I still apply for DACA for the first time?
As of 2024, first-time DACA applications are not being accepted due to court rulings. Only renewals are being processed. This could change with new legislation or court decisions.
How often do I need to renew DACA?
DACA must be renewed every 2 years. File your renewal 120-150 days before expiration to avoid gaps in work authorization. Late renewals may result in loss of employment and accrual of unlawful presence.
Can DACA recipients get green cards?
Not directly through DACA. However, DACA recipients may qualify for green cards through marriage to US citizens, employment sponsorship, or other family petitions. Advance parole can help some DACA recipients adjust status.
Can I travel outside the US with DACA?
Only with advance parole for educational, employment, or humanitarian reasons. Travel without advance parole will terminate your DACA. Even with advance parole, re-entry isn't guaranteed.
Important Legal Notice
The information provided in these FAQs is for general informational purposes only and does not constitute legal advice. Immigration law is complex and constantly changing. Each case is unique and outcomes depend on specific facts and circumstances.
For accurate, personalized legal advice about your specific situation, please consult with an experienced immigration attorney. Time limits and deadlines in immigration law are strict and missing them can have serious consequences.
Disclaimer: Past results do not guarantee future outcomes. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
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