Frequently Asked Questions

What is a green card?

A green card, officially known as a Permanent Resident Card, allows foreign nationals to live and work in the United States permanently. It is not the same as U.S. citizenship, but it is a major step toward that end.

What is the difference between an immigrant petition and a non-immigrant petition?

An immigrant petition is for individuals who seek to live in the United States permanently, leading to a green card. A non-immigrant petition is for individuals who wish to stay in the U.S. temporarily, such as for tourism, medical treatment, temporary work, or study.

Does marriage to a U.S. citizen automatically confer a green card on a foreign national?

No. Marriage to a U.S. citizen allows the foreign spouse to apply for a green card, but the process is not automatic. The U.S. citizen must petition on their behalf, and the foreign spouse must pass a comprehensive background check and an interview process.

Why should I hire an immigration attorney?

Navigating immigration laws and procedures can be complex. An immigration attorney understands these laws, can help you avoid costly mistakes, and increase your chances of success in your immigration journey. They also advocate for you and help you understand your rights.

What are the options for immigration if I would like to sponsor my spouse who is a foreign national?

As a U.S. citizen or permanent resident, you can file an immigrant visa petition for your spouse. Depending on your status and your spouse's location, the process varies but generally involves filing an I-130, Petition for Alien Relative. Foronda Law APC would be happy to set up a consultation with you to guide you through this process.

What are the options for immigration for my fiancé(e) living abroad?

You may apply for a K-1 nonimmigrant visa (Fiancé(e) visa) for your foreign fiancé(e). If granted, this allows your fiancé(e) to travel to the U.S. for the marriage. Once married, your spouse can apply for a green card.

What are the options for immigration if I would like to sponsor a family member to come to the United States?

You can sponsor the individual for a Fiance(e) Visa Petition or you can marry them 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.

When and how can I apply for U.S. Citizenship if I am a lawful permanent resident?

Generally, you may apply for U.S. citizenship, through naturalization, after five years as a lawful permanent resident (or three years if you’re married to a U.S. citizen). The process involves submitting Form N-400, Application for Naturalization, and passing a civics and English language test.

Who qualifies for a Provisional Waiver under I-601A?

The I-601A waiver allows certain immediate relatives of U.S. citizens or permanent residents to apply for a waiver of the three- and ten-year unlawful presence bars before leaving the U.S. You must demonstrate that your U.S. citizen or permanent resident spouse or parents would face "extreme hardship" if you were not admitted.

What alternatives, asylum or other, do I have, if I am afraid to return to my country of nationality?

If you fear persecution in your home country, you may seek asylum or refugee status in the U.S. You may also qualify for the T visa (victims of trafficking) or the U visa (victims of certain crimes), depending on your circumstances.

I am the victim of abuse in the United States. Is there a visa that can protect me?

Yes, the U visa protects victims of crimes, and the VAWA self-petition allows certain spouses, children, and parents of U.S. citizens and permanent residents who have been abused to file for immigration status without the abuser's knowledge.

I am the victim of a crime in the United States but do not have status. Should I report the crime?

Yes. Victims of crimes should always report the crime to law enforcement. You might also be eligible for a U visa, which grants immigration benefits to victims of certain crimes who cooperate with law enforcement.

What do I need to do if I was told I need an immigration waiver?

Waivers are usually required if you have been found inadmissible to the U.S. The process varies based on your circumstances. An experienced immigration attorney can help determine which waivers you're eligible for and guide you through the process.

What should I do if I have received a Notice to Appear (NTA) from Immigration and Customs Enforcement?

An NTA is a document that begins removal proceedings. If you receive one, you should contact an immigration attorney immediately to help you understand your options and represent you in Immigration Court.

How does my criminal charge or conviction affect my status?

Criminal charges or convictions can negatively impact your immigration status and can lead to removal proceedings. If you have a criminal history, consult with an immigration attorney to understand potential consequences.

How can an Immigration Attorney help me if I would like to attend school in the United States?

An immigration attorney cannot assist you with this process. An immigration attorney can only guide you through the process of obtaining an appropriate student visa, help you maintain your visa status while studying, and advise on potential paths to work in the U.S. after your studies. You will need to work with the SEVIS approved school that you wish to attend.

Where can I obtain information on visiting or immigrating to the United States?

The official U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov is a good starting point. We recommend that you visit the Department of State website at www.travel.state.gov. However, an immigration attorney can provide personalized advice and guidance based on your specific circumstances. Government websites end with .gov and those ending with .com are not legitimate government websites.

I am a Lawful Permanent Resident, am I allowed to vote?

No, only U.S. citizens can vote in federal elections. Some states allow permanent residents to vote in local elections, but you should confirm this before voting.

I received a Notice of Intent to Deny (NOID) my case from the government. What can I do?

A NOID means the USCIS intends to deny your application but is giving you a chance to respond. You should consult an immigration attorney to help you respond appropriately to increase your chances of approval.

I received a Request for Evidence (RFE) from the government. Can you help me to respond?

Yes. An RFE indicates that USCIS needs more information to make a decision on your case. It's crucial to respond adequately and in a timely manner. Our attorneys can guide you through this process and help ensure your response adequately addresses USCIS's concerns.