Check out these immigration law FAQs!
1. Question: What is the process for obtaining a green card?
Answer: The process for obtaining a green card, also known as lawful permanent residency, can vary depending on your individual circumstances. First, you must determine which visa works for you and it's important to work with an experienced immigration lawyer to determine the best path for you. If you are already in the US, you will need a nonimmigrant visa. If you are outside of the US, you will need an immigrant visa. A list of categories for each type of visa is provided at the following government website: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/all-visa-categories.html
2. Question: How long does it take to get a visa?
Answer: The processing times vary. The Department of State publishes the visa bulletin every month to provide dates on which green card applications can move forward. A C means the category is Current. Besides the regular processing times, other factors will play into how long it will take to get your visa such as your country of origin. Some visas can take a matter of years and it's important to plan ahead and consult with an immigration lawyer to ensure that you are applying for the right visa for your needs. Unfortunately, you cannot apply for multiple visas at once. This is why it is crucial to apply to the proper visa and hopefully this is also the fastest visa to obtain. An immigration lawyer will weigh both interests and point you in the right direction.
3. Question: Can I apply for citizenship if I am undocumented?
Answer: It depends. There are various programs that may waive any unlawful presence in the US. It will depend on your specific situation as to whether this will apply to you. For example, minors currently enjoy Special Immigrant Juvenile protection that is a certain path to legal status if the minor qualifies. There may be other paths to legal status depending on your individual circumstances. It is important to consult with an immigration attorney to see if you qualify.
4. Question: Can I travel outside the US while my green card application is pending?
Answer: If you have applied for adjustment of status (to obtain a green card), you generally cannot leave the US until you have obtained advance parole or your green card. If you leave without authorization, your application may be deemed abandoned and you may be barred from reentering the US. It's important to consult with an immigration lawyer before traveling outside the US while your application is pending.
5. Question: Can I work while my application is pending?
Answer: In certain circumstances, you may obtain a work permit. For example, for those requesting asylum under the I-589 a work permit may be provided after six months. It varies for each visa.
6. Question: How can I bring my family to the US if I am a US citizen or lawful permanent resident?
Answer: If you are a US citizen or lawful permanent resident, you may be able to sponsor certain family members for immigration to the US. The process can vary depending on your individual circumstances, and there may be waiting periods or other requirements. It's important to work with an experienced immigration lawyer to determine the best path for you and your family. *** Please be sure to use a government website ending in .gov to avoid scams. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration.html
7. Question: What is the difference between a visa and a green card?
Answer: A visa is a temporary permit that allows you to enter the US for a specific purpose, such as work, study, or travel. A green card, on the other hand, is a permanent residency status that allows you to have permanent residency in the US.
8. Question: Can I apply for a green card if I have a criminal record?
Answer: It depends on the nature and severity of the criminal offense. Some criminal convictions can make you ineligible for a green card, while others may require a waiver or other special considerations. It's important to consult with an immigration lawyer if you have a criminal record and are considering applying for a green card.
9. Question: Can I apply for a driver's license if I am undocumented?
Answer: The rules for obtaining a driver's license vary by state, but in many states, you can obtain a driver's license regardless of your immigration status. Some states may require additional documentation, such as a tax ID number or proof of residency. It's important to check your state's requirements and consult with an immigration lawyer if you have questions.
10. Question: My visa does not expire for some time. Should I wait until the expiration is a few weeks away to speak to an attorney?
Answer: No. You may not be able to speak to an attorney immediately and risk having unlawful presence if you wait until weeks or even months before your visa expires to take action. Be proactive and plan ahead as the consequences are serious.
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