FAQ
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Q: Do I need an immigration lawyer to help me with the immigration process?
Although some of the issues that you may encounter could seem simple, there are subtleties in the immigration laws that could result in complications down the line. Things can also become more expensive if done incorrectly. It is always best to have an immigration attorney who knows the laws and the complicated rules to advise you.
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Q: I am a legal permanent resident. How do I become a U.S. citizen?
You may apply for US citizenship if you have continuously lived in the United States for at least 7 years. If you are married, you may apply after 3 years of being a green card holder, other wise you must generally wait 5 years from the date you become a green card holder. You must not have been convicted of any crimes in which your character may be put into question and you must be proficient in speaking and writing English. Finally, you must be able to answer questions about American history and civics. See a sample of the types of questions you might see.
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Q: I have family abroad and I would like to bring them here to the United States, what are my options?
This depends on your status in the United States and who you are trying to bring into the country. Generally, only Legal Permanent Residents and Citizens can sponsor family members and the family members who can be sponsored are spouses, parents, children, and siblings. If you are a child sponsoring parents, you must be 21 years or older to do so. If you are a parent, there is a difference in the amount of time that you must wait for an available visa if your child is under the age of 21 versus over 21. Please visit the Immigrant Visas for Family page for a more detailed explanation.
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Q: I came into the United States legally a few years ago and I recently married a US citizen but my immigration status is expired and I have been working illegally, what can I do?
As the spouse of a US citizen, an immigrant visa is immediately available to you.
If you married in the US and are still in the US, it may be possible for your spouse to file an immigrant petition for you as well as a green card application . You may also be able to ask for work authorization. However, if you are currently outside the US and you married on a foreign country, this situation my be more complicated.
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Q: I am an American citizen who wants to marry someone who is from another country, what are my options?
This depends on whether that person is in the U.S. now or if he or she is still in his or her own country. If he or she is out of the country and you are engaged, you can bring this person over as fiancée and then apply for your fiancée’s green card.
If you married the foreign national in his or her home country, you may then file for an immigrant visa for the foreign national spouse, but they must wait in their home country for a visa to come current. In this case, it is possible for you to file a temporary visa that will allow the foreign spouse to come to the United States and wait for the immigrant visa to become available.
Finally, if that person is already here in the United States and you marry him or her here, it may be possible to apply for a green card.
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Q: I am a foreign national and finishing college here in the U.S. with an advanced degree and a company would like to hire me, what must I do to be able to work here in the States?
Depending on what type of a degree you received and the job that is being offered, you may be eligible for an H-1B visa. This assumes that you have been offered a job with an employer who is offering you a position in which an advanced degree is required. You may still be eligible for an H-1B if you have experience in the field in which you are being offered a job for. An H-1b is valid for 3 years and can renewed for another 3 for a total of 6 years. H-1B visa details.
Be advised that there is a cap of 65,000 H-1b visas allotted per year and therefore the availability of this visa is very limited. However, if you have a degree that is more advanced than an undergraduate degree (such as a masters, doctorate, or post doctorate) an additional allotment of H-1b will be available. Also, if you are being offered a job from a U.S. government or state agency, a state school such as a university, or non-profit, you may be exempt from any numerical limit.
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Q: I am here on an H-1b and I am being laid off from my job, what are my options?
If you have been offered a similar job with another employer, it may be possible for you to take your H-1b with you to the new employer without worrying about H-1b numerical limitations. This is called H-1b portability. However, if you are not able to find a substitute employer, you will have to consider other non-immigrant visa options. Call our office for a consultation.
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Q: I am a Canadian citizen and an RN, an American hospital wants to hire me. What is the process for coming being able to work in the United States?
If this is the case, the hospital who wants to hire you can file an employment based visa petition on your behalf. Also, you may be eligible to come into the United States to work under NAFTA with a TN visa.
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Q: I am a foreign national and have been offered a position with an American company but I would like to get my green card and be a legal permanent resident, what are my options?
A: Your employer must sponsor you for an immigrant visa. This process involves first testing the U.S. labor market and then filing an immigrant visa application on your behalf. Also, immigrant visa availability will depend on to what category you will fall under. For example, if you are being sponsored as a professional, you will be under category E-B3. Please refer to the immigrant visa information.