Frequently Asked Questions
Immigration law is complex and constantly changing. Having an immigration attorney can make the immigration process smoother and give you peace of mind that you are correctly following all procedures. Evidence gathering and presentation often will have a significant impact on your case. By hiring an immigration attorney, you will have an adviser who is experienced in immigration law and who will personally handle your immigration case. We pride ourselves in providing experienced and affordable immigration legal representation and being your immigration partner.
The person may either come to the United States on a permanent basis or a temporary basis. How the family member can immigrate or visit the United States depends on your specific circumstances, which can be examined by an immigration attorney. Immigration for family members often depends upon whether the person is recognized as an immediate relative in which case a visa is available for the individual to immigrate to the U.S. Sometimes visa wait times for non-immediate relatives can be quite delayed (some for decades) and an immigration attorney will be able to assist in formulating strategies around these wait times.
No. The U.S. Citizen spouse must file a petition on behalf of his or her foreign spouse. The process to obtain a green card could take from a few months to several years, depending in the circumstances in the case.
You can sponsor your fiancé(e) for a Fiance(e) Visa or you can marry him or her in that
country or a third country and file a spousal petition. Each of these options has different impacts on the application to be filed, evidence to be compiled and when the person can enter the U.S.
If your marriage was less than two years old on the day you were granted permanent residence, USCIS issues a conditional green card, which is valid for a 2-year period. In order to remain a permanent resident, you must file a petition to “remove the conditions” during the 90 days before the card expires.
If you get a divorce before the completion of the 2-year time period, you will need to request a waiver of the joint filing requirements. In addition, you will need to prove that the marriage was genuine and not entered into solely to obtain a green card.
Criminal convictions that may appear minor could have dire consequences on your immigration status and you should contact an immigration attorney promptly to discuss how this issue may affect your immigration status.
Eligibility depends upon several factors. Generally, a person will have had to be a lawful permanent resident for 5 years to apply (or 3 years based upon marriage to a U.S. Citizen). There are several other requirements that must be met, including showing good moral character.
Individuals detained by ICE are held in prisons and detention centers around the country. Some individuals are eligible to be released on a bond, while others are held under mandatory detention and have no right to a bond. If an individual is not offered a bond by ICE, it’s very important to file a motion for a bond hearing with the immigration court as soon as possible.
Under the provisions of the Violence Against Women Act (“VAWA”), you may be eligible for to apply for a green card if your abuser is your U.S. Citizen or legal permanent resident husband or wife. Another potential option if your spouse does not have status is a U Visa, provided you report the crime and cooperate with law enforcement on any investigation or prosecution of the crime.