Frequently Asked Questions

There is no standard amount of time that an immigration case should take. Some people are able to reach a resolution to their case in as little as a few weeks, while others may wait years, like those applying for family-based green cards. It all depends on average processing times, the backlog U.S. Citizenship and Immigration Services (USCIS) and/or the Department of State is facing, whether you’ve paid for premium processing, and your case’s priority level.

The easiest way to establish a realistic timeframe for your case is to visit the USCIS’s website for case processing information and to check the Visa Bulletin for available immigrant visas for green cards in preference categories and diversity lottery selectees. Both resources will provide you with accurate and up-to-date information about availability and processing times by case type.

Your family may be able to enter the U.S. through an expedited process if you’re selected to participate in a family reunification parole program. These programs are invitation only, and the Department of State will contact you to inform you if your green card-seeking family member is chosen for early entry into the United States.

Arrest can lead to deportation in many circumstances. U.S. citizens are almost never deported following an arrest unless that arrest was for a serious crime that jeopardized national security. Green card holders can be deported after being arrested if they are convicted of a qualifying crime. You may be eligible for a waiver depending upon the crime for which you have been convicted and the sentence imposed.

If you were arrested and you are not a U.S. citizen, you may face removal proceedings. This is true even for green card holders. Deportation is almost always the result if you were arrested for entering the United States without documentation.

If you’re a noncitizen facing criminal charges, you should consult an experienced immigration attorney before pleading guilty to a crime. If you’re facing deportation or removal proceedings, your best option is to hire an experienced U.S. immigration law firm to help you reduce the risk of deportation. We may be able to help.

There’s an old expression: The person who represents themselves in court has a fool for a client. Although you’re technically able to represent yourself in immigration court, it’s rarely advisable. Immigration law is complex, and it requires years of education and experience to master. Not only do you need to know the law, but also the procedure.

You’ll need to hire an experienced immigration attorney for your best chance at a favorable outcome in immigration court.

You can start a business in the United States with or without immigrating. You’ll need to complete all of the required paperwork and self-finance your business. You’ll also need a registered agent service in the United States to act as your liaison for your business.

If you decide that you’d like to relocate to the United States during the process of starting your business or after your business has already been established, you may be able to utilize an E visa if you meet the financial requirements or an L-1 visa if you are being transferred from a foreign entity to a U.S. branch, affiliate, subsidiary, or parent.

It’s nearly impossible to get a green card after crossing the border without a visa or special permission. The United States wants people to enter with a visa or other entry documentation. Those without entry documents are being encouraged to seek prior authorization with a valid asylum or refugee claim before entering the United States.

You may be able to make a claim after entering, but new immigration laws are designed to significantly favor people who request a border appointment ahead of their arrival. U.S. Customs and Border Protection (CBP) requests that refugee or asylum seekers use their mobile app to request an appointment rather than present themselves at the border unexpectedly.

A green card will only be made available to you if your asylum claim is granted and you meet the requirements, which include a waiting period.

The purpose of the EB-1A Extraordinary Ability green card is to encourage top innovators and industry leaders to contribute their talents to the United States. The EB-1A Extraordinary Ability green card has significantly restrictive eligibility. It is reserved for people who have made significant contributions in business, the arts, science, athletics, education, or other noteworthy professions of international acclaim.

In order to qualify for an EB-1A green card, applicants must demonstrate a prestigious one-time award to the magnitude of a Pulitzer prize or an Oscar. If not applicable, USCIS will also accept at least three pieces of evidence that demonstrate that your work is of significant international or national acclaim.

A National Interest Waiver (NIW) green card is a green card reserved for people whose immigration to the United States would be in the best national interest of the United States. This green card is used for acclaimed doctors and scientists whose contributions to their field can save lives or help the United States develop leading innovations. However, an NIW is not only available to doctors and scientists. It can be used by professionals in education, health, culture, technology, science, entrepreneurialism, business, and more.

A national interest waiver allows eligible professionals to bypass some of the requirements needed for a typical employment-related visa, like a job offer. This is because people in high demand professions are certain to find a job in an area that desperately needs a significant amount of people who work in that profession.

Professionals with advanced degrees who intend to work in underserved areas of the United States (i.e. doctors in communities with fewer healthcare facilities or specialty educators in an area where demand is high) may qualify for a national interest waiver.

The process for petitioning for your spouse and children depends on several factors, including the age and marital status of your children and your immigration status in the United States. The processes for petitioning for a spouse and children are much simpler and less restrictive for a U.S. citizen than a green card holder. A qualified immigration attorney can help you review the options available to you depending on your citizenship status.

The U.S. artist visa allows artists and performers of many disciplines to tour, perform, or exhibit in the United States for a limited time. Artist visas are significantly different from green cards. Artists are required to complete a visa application to visit the United States for art-related purposes. If your work will generate profit in the United States, you must use the appropriate visa for your visit.

Artists with recognizable achievements may be able to self-petition for a similar visa, but circumstances under which the self-petition process is valid are rare. We can help you find and navigate the right visa petition for your situation.

Immigration law is designed to keep as many jobs in the United States as possible, with U.S. workers reserved as first-priority candidates. You cannot hire a foreign worker simply because you choose to do so. There are a series of steps you need to follow to determine your eligibility to hire a foreign worker.

There may be certain circumstances in which a specific open role is crucial to your business, and there aren’t enough qualified U.S. workers who are willing or able to fill certain positions. If you’re hiring a NAFTA professional in an area where eligible candidates to fill specific workplace roles are in short supply, it’s usually simple to begin the process by offering a qualified NAFTA professional a job.

In most other cases, employers need to prove that they’ve made every possible effort to fill their available position with a qualified American candidate before they’re allowed to hire a foreign national. USCIS and the Department of Labor have a long list of requirements an employer must meet to demonstrate that they’ve attempted to fill a workplace role with a United States citizen before they’re allowed to consider applicants who are nationals of other countries.

We specialize in corporate immigration solutions. If you contact our law firm with general information about your situation, we’ll be able to explore your best available options for hiring a foreign worker.