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FAQ There is a limitless amount of information available to the public on immigration laws, policies, and procedures. However, each case is unique and requires expert consideration and review. The Law Office of Amanda R. Goodman provides immigration expertise at reasonable rates. Immigration laws and procedures are ever changing. Given the constant updating and amending of laws, fees, and memos; it is essential to keep track of the evolving law. Please visit ARG-Immigration Law Blog for further immigration resources. To learn more about U.S. Immigration, please subscribe to our Immigration E-Newsletter at Updates@ARG-Immigration.com. Frequently Asked Questions
Can I file an Immigration application without a Lawyer? Legal representation is never a requirement. However, hiring an experienced attorney will assure expert representation and provide a greater likelihood of success. A "Green Card" is shorthand for an "Alien Registration Receipt Card" which documents legal permanent resident (LPR) status in the United States. A green card is an entry document which authorizes LPR’s to enter and exit the United States. While you can apply for a green card from anywhere in the world, presence in the United States is required for receipt. How can I check the status of my application with the Immigration Service? All applications can be monitored online or by telephone at 1(800)375-5283. If however, the case is pending with an Immigration Court or Board of Appeals, a status check can be made via telephone at 1(800)898-7180. What is a Priority date and how do I know if I am current? Your priority date is the date of your initial application. Applications are reviewed in the order that they are received, but are often backlogged in various categories. Monitoring your priority date through the visa bulletin, which is issued monthly, allows us to determine where in the waiting line your application stands. In other words, the visa bulletin will announce whether or not your priority date is current that month. How Can I obtain work authorization? Eligibility for work authorization requires that you have entered the United States on a visa that permits work authorization. Common categories for work authorization eligibility include beneficiaries of E, H, L visas and K-1 visa holders. In addition, if you qualify to adjust your status and have a current visa number, you may apply for work authorization immediately. Work authorization requires that you file an I-765 application and an "EAD card" will be issued upon approval. What does adjustment of status mean? Adjustment of status refers to the process of applying for lawful permanent status while in the United States. Generally, applicants must hold non-immigrant, refugee or parolee status in order to apply based on the availability of a current visa number. If my child is a U.S. Citizen can they sponsor me? Parents can be sponsored by their child in two limited circumstances. If you have been in the United States for over 10 years and can demonstrate that your child (of any age) will suffer an extreme hardship upon your removal from the United States you may file what is called a cancellation of removal or deportation application and petition for an adjustment of status. In the alternative, if your child is no longer a minor (21 or older) and has the ability to financially support you, they may file a petition on your behalf so long as you entered the United States legally. However, if you did not enter the U.S. legally, you may qualify for a waiver of this requirement or may be eligible for relief under 245(i). What is 245(i) and how do I know if I qualify? 245(i) is an intricate method to become eligible for adjustment of status and requires payment of a penalty fee. Relief under 245(i) requires that the applicant:: (a) has been consistently present in the U.S. since before 12/18/2000 and (b) has filed or is a derivative beneficiary of a family or employment residency petition submitted on or before 04/30/2001. In limited circumstances a secondary residency petition may be made pursuant to 245(i) if the initial petition, which was filed on or before 04/30/2001, was unsuccessful. Do I have to have my visa stamped in my passport? If you are already in the United States when you receive your non-immigrant visa it is not necessary that you have your passport stamped. Rather, your approval notice containing an I-94 section suffices for this requirement. However, if you receive the visa while you are outside of the United States or you travel outside of the U.S., pursuant to the permissions of that visa, you will be required to have your visa stamped in your passport in order to re-enter the United States. Can I travel while my case is being processed? Non-immigrant visa applicants are not permitted to travel while their application is pending. If you leave the United States before the petition has been approved, it will result in the denial of your application as it applies to O, L, L, E, and H visas. In the alternative, where you have applied for permanent residency through a family or employment based petition, travel permissions may be granted upon the specific request and approval for "advanced parole." Please note that not all candidates are eligible for advanced parole. How do I know if I Am eligible for Asylum? Asylum is granted to aliens who qualify as a "refugee," based on their inability to return to their home country due to past persecution or a well-founded fear of future persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Eligibility for asylum is limited and generally requires that an application is filed within the first year of arrival in the U.S., although there are limited exceptions. Similar modes of relief can be made through petitions for withholding of removal and applications under the U.N. Convention against Torture. In asylum cases, immediate family of the applicant may be eligible for asylum status, as long as they are named in the alien's asylum application, even if they are not present in the U.S. at the time of filing. Who do I contact if I am moving while my petition is being processed? The law requires that all non-U.S. citizens in the United States report any change of address within 10 days of moving by completing a USCIS Form AR-11. Can I renew my work authorization card? To renew work authorization you must file an I-765 application along with the required filing fees six months before the expiration of your existing work authorization card. How can I bring my fiancé/fiancée to the U.S. to get married? U.S. citizens with a fiancé/fiancée abroad may bring their foreign fiancé(e)s to the United States for the purpose of marriage followed by permanent residency. The U.S. citizen must file an I-129F petition for a fiancé(e) visa. Upon approval, the foreign fiancé(e) has four months from the date of approval to obtain the K-1 visa at a U.S. Consulate in their country. Thereafter, the fiancé(e) may enter the United States for the purpose of marriage, which must occur within 90 days of entry. Immediately after marriage, an application for adjustment of status must be filed to become a permanent resident. In addition, work authorization and travel permissions may be requested. What are my options if I have been placed in removal proceedings? Relief available to defend against deportation or removal include: (1) Voluntary Departure, (2) Cancellation of Removal, (3) Asylum, (4) Adjustment of Status, (5) Motions to Reopen or Reconsider, (6) Stay of Removal, (7) Administrative Appeal, and (8) Judicial Review. *********************************************************************************************** |