Immigration FAQ & client resources

An immigrant visa is for individuals intending to live permanently in the United States. A nonimmigrant visa is for individuals coming to the U.S. temporarily — for work, study, tourism, or other qualifying purposes — with the expectation of returning abroad.

While some individuals successfully navigate green card applications without legal representation, the process involves detailed forms, supporting documentation, strict deadlines, and potential complications based on immigration history, prior violations, or medical inadmissibility. An attorney can help identify and address issues before they become problems.

U.S. Citizenship and Immigration Services (USCIS) is the federal agency that processes most immigration applications, including green cards, work permits, naturalization, and asylum. Immigration courts are separate from USCIS and fall under the Executive Office for Immigration Review (EOIR) within the Department of Justice.

Processing times vary widely by case type, the specific USCIS field office or immigration court handling the matter, and whether any complications arise. Some applications are decided in months; others take several years. The firm can give you a realistic timeframe based on current processing data once we review your situation.

Depending on the type of application, you may have the right to appeal, file a motion to reopen or reconsider, or reapply. The right approach depends on the reason for denial and the applicable deadlines. An attorney should review any denial promptly, as some appeal deadlines are short.

Yes. Certain criminal convictions can affect eligibility for visas, green cards, and citizenship, and can trigger removal proceedings. The consequences depend on the specific offense, the immigration category involved, and whether any waivers are available. Early legal consultation is particularly important here.

The standard eligibility requirement is five years as a lawful permanent resident, with continuous residence, physical presence for at least 30 months, and good moral character. Spouses of U.S. citizens may be eligible after three years of permanent residency. Additional requirements and exceptions apply.

You must demonstrate English language ability (speaking, reading, and writing), knowledge of U.S. history and government through a civics test, and good moral character. Certain disability and age exceptions apply to the English and civics requirements.

U.S. citizenship acquired at birth is difficult to lose involuntarily. Naturalized citizens can face denaturalization in limited circumstances, including if citizenship was obtained through fraud or concealment of material facts.

Asylum is available to individuals who have suffered persecution or have a well-founded fear of persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion. Both affirmative and defensive applications are available depending on your circumstances.

Generally, you must apply for asylum within one year of arriving in the United States. Exceptions exist for changed or extraordinary circumstances. Missing this deadline without a qualifying exception can bar an asylum claim.

An EAD, or work permit, is a document issued by USCIS that authorizes a person to work legally in the United States. Many immigration categories allow for EAD applications, including asylum applicants, adjustment of status applicants, and certain visa holders.

F-1 students may work on-campus with limited restrictions. Off-campus work generally requires prior USCIS authorization through Curricular Practical Training (CPT) or Optional Practical Training (OPT). Violating work restrictions can jeopardize immigration status.