U.S. Immigration FAQs: Get Answers to Your Common Questions

Quick Answer

U.S. Immigration Frequently Asked Questions offers general guidance on common U.S. immigration topics, including family-based petitions and asylum. For instance, a U.S. citizen may petition for a qualifying spouse, child, parent, or sibling, while asylum applications generally must be filed within one year of the applicant's last arrival in the United States. The page clarifies that an attorney provides legal advice but cannot guarantee approval for visas or green cards, as final decisions rest with the U.S. government. Individuals seeking to understand their specific immigration options are advised that a consultation can help determine the most relevant path.

U.S. Immigration FAQs:

Answers to Common Questions About Your Immigration Options

Immigration questions don’t always have one-size-fits-all answers. The right path can depend on your current immigration status, immigration history, family or employment circumstances, and your specific goals. These FAQs provide general information to help you understand common U.S. immigration topics and when speaking with an immigration attorney may be helpful.

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General Immigration

How can I find out which U.S. immigration option may be right for me?

The right option depends on your purpose for coming to or remaining in the United States, your family or employment circumstances, your current status, and your immigration history. A consultation can help you understand which options may be relevant.

Can I speak with an immigration attorney before filing anything?

Yes. A consultation can help you discuss your circumstances, potential options, and possible issues before you begin a filing.

Can an immigration attorney guarantee a visa, green card, or citizenship approval?

No. An attorney can provide legal advice and help prepare or review a case, but the appropriate U.S. government authority makes the final decision.

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Filing & Document Review

Can I prepare my own immigration forms?

Yes. Some people prepare their own applications and seek professional review before filing. The appropriate level of legal assistance depends on the case.

Why should I have my immigration documents reviewed before filing?

A review can help identify missing information, inconsistent answers, supporting-document issues, or other concerns before you submit the application.

What happens if I make a mistake on an immigration form?

The appropriate response depends on the type and significance of the mistake, as well as whether you have already filed the form. If you discover an error, consider obtaining legal advice before taking further action.

Can an attorney help me respond to a Request for Evidence?

Depending on the case and service, an attorney may be able to review the request, explain what is being requested, and help determine what evidence or response may be appropriate.

Family Immigration

Who can a U.S. citizen petition for?

Depending on the relationship, a U.S. citizen may petition for a qualifying spouse, child, parent, or sibling. Different rules apply to each category.

Can a permanent resident sponsor a spouse or child?

A lawful permanent resident may generally petition for a qualifying spouse and unmarried children, subject to the applicable category and visa availability.

Does an approved I-130 automatically give someone a green card?

No. An approved I-130 establishes a qualifying family relationship but does not itself grant permanent residence.

Can I bring my fiancé(e) to the United States?

A qualifying U.S. citizen may be able to petition for a fiancé(e) through the K-1 visa process if the applicable requirements are satisfied.

Asylum

What is U.S. asylum?

Asylum is protection available to people who meet the legal requirements based on persecution or a well-founded fear of persecution on protected grounds.

Is there a deadline for filing an asylum application?

Generally, applicants must file within one year after their last arrival in the United States, subject to limited exceptions.

Can I apply for asylum if I was threatened but not physically harmed?

Possibly. Physical injury is not the only form of harm considered in asylum cases. The nature of the harm and its connection to a protected ground are important.

What if I do not have documentary evidence of persecution?

Documentary evidence can be helpful, but an asylum claim is not necessarily impossible without it. Testimony and other available evidence can be important.

Visas & Travel

What is the difference between a tourist visa and an immigrant visa?

A tourist visa is generally for qualifying temporary visits. An immigrant visa is used by an eligible person seeking to immigrate to the United States and become a permanent resident.

What do I need to demonstrate for a U.S. tourist visa?

Applicants generally need to demonstrate the purpose of the trip, their intention to depart after the temporary stay, and their ability to cover the trip’s costs.

Do I need an invitation letter for a U.S. tourist visa?

The Department of State states that an invitation letter or an Affidavit of Support is not required for a visitor visa application.

Can I apply again after a U.S. visa refusal?

Yes. A refusal does not necessarily prevent a future application. Before reapplying, understand the reason for the refusal and consider whether circumstances or evidence have changed.

Citizenship & Naturalization

How long do I generally need to have a green card before applying for citizenship?

The general naturalization route requires five years as a lawful permanent resident. Certain spouses of U.S. citizens may qualify under a three-year rule if they meet the additional requirements.

Can travel outside the United States affect my citizenship application?

Yes. Travel can affect continuous residence and physical-presence requirements. Review long absences carefully before filing.

Do naturalization applicants have to pass an English and civics test?

Most applicants must meet the applicable English and civics requirements, although certain exemptions, exceptions, or accommodations may apply.

Can a person with a criminal record apply for naturalization?

It depends on the circumstances. Arrests, convictions, and other conduct may affect eligibility or create other immigration concerns.

Waivers & Immigration Problems

What is an immigration waiver?

A waiver is a legal request for relief from certain grounds of inadmissibility when the law makes a waiver available, and the applicant meets the applicable requirements.

Can every immigration violation be waived?

No. Waiver availability depends on the specific ground of inadmissibility, the immigration benefit being sought, and the applicable requirements.

What is Form I-601?

Form I-601 is used to request a waiver of certain grounds of inadmissibility. Eligibility depends on the specific grounds and individual circumstances.

What is Form I-601A?

Form I-601A is used to request a provisional waiver of certain unlawful presence grounds for qualifying immigrant visa applicants who meet the applicable requirements.

Using a U.S. Lawyer Consult

How much does an immigration consultation cost?

The website currently lists attorney consultations at $70 for 15 minutes following the initial evaluation. Confirm the current fee with the office before scheduling.

How much does attorney-assisted immigration filing cost?

The current pricing page lists attorney-assisted case filing at $12,000. Confirm the current price and exact scope of service with the office.

How much does document review cost?

The current pricing page lists the following document review services:

  • Full Petition Review of Documents Only — $500
  • Full Petition Review — $750

Affidavit of Support Review — $200

How much do your U.S. citizenship and naturalization services cost?

Our naturalization services include N-400 review for $200 and Attorney Assistance with N-400 Filing for $400, depending on the level of assistance you need.

Can I have an immigration consultation online?

Yes. Consultations are available online, in person, or by telephone, including through platforms such as Zoom, Skype, WhatsApp, and Viber.

How do I know whether consultation, document review, or filing assistance is right for me?

A consultation is useful when you primarily need legal guidance. Document review may suit someone preparing a filing independently who wants an attorney to review it. Filing assistance is broader and is designed for clients who want help preparing the case.