US Immigration FAQs

Family & Marriage Visas

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A sponsor must sign a legally binding affidavit of support for the Beneficiary, guaranteeing that the Sponsor will be financially responsible to the U.S. Government should the Beneficiary ever receive financial government assistance. This obligation continues until the Beneficiary has become a U.S. citizen or has worked in the United States for 40 qualifying quarters (about 10 years).

Yes, you may file the financial affidavit with a “joint” sponsor. The joint sponsor can be a family member or a close friend who is willing to be bound by the same obligations as you will be to the U.S. government should your wife require financial government assistance. The sponsor must be a legal permanent resident or U.S. citizen and meet the income or asset requirements.

A Conditional 2-year Green Card is issued to spouses if on the day of the interview the marriage was less than two years. The spouses will need petition to remove the condition within 90 days before the conditional green card expires in order to obtain a 10-year green card.

If your child is over 21 years old, he may petition for you and start the process to help you apply for your green card. It’s just the first step, though. There are other issues that may arise, depending on how you entered the U.S., your immigration history, or other factors, which should be discussed with a licensed U.S. immigration attorney.

Yes, you may petition for your stepchild’s green card as long as your marriage to the mother took place before the child’s 18th birthday.

Remember that U.S. immigration officers do not know you or your spouse. They are not your family members or your friends and can only rely on documents that you submit and your testimony during the interview to determine the validity of your marriage. Documentation showing cohabitation is critical, evidence of financial comingling, and evidence of your romantic relationship, are all necessary pieces of the puzzles. Don’t stress. We will tell you exactly what we need and offer alternatives if your situation is unique.

U.S. Citizenship Naturalization

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A: The times will vary by location. USCIS’s processing times are constantly changing due to several factors, including internal changes, pandemics, weather, changes in the law, etc. Generally, it will take approximately 9 months after your application is filed to receive an interview date.

Yes, you will receive a biometrics appointment notice which will indicate the time and place where your fingerprints will be taken. This location will likely be the same place where your interview will be scheduled and where your ceremony will take plac

A name change can happen if you present proof that you have already legally changed your name as required by the laws of the state you reside in. Such proof can include a marriage certificate, divorce decree or a court order establishing your name change. If none of this applies to you, you can request your Oath of Allegiance for your Naturalization Ceremony be held in a court or request that a judge preside over the ceremony and request that the court change your name. If your request is granted, your new name will appear on your Certificate of Naturalization. Selecting this option will undoubtedly cause delays with the processing of your application

If you were born in the U.S. or any of its territories, you are generally a U.S. citizen by birth. 2. If you were born aboard and both of your parents are U.S. citizens and can demonstrate that at least one of your parents lived in the U.S. at some point, in most cases you will be considered a U.S. Citizen. 3. If you were born abroad and at least one of your parents is a U.S. Citizen, you might be a U.S. Citizen if you can demonstrate that your citizen parent lived at least 5 years in the U.S. prior to your birth and at least 2 of those 5 years in the U.S. were after your parent’s 14th birthday. Record of your birth abroad registered with a U.S. consulate or embassy will also serve as proof of your citizenship.

If you believe your application was denied in error, you can request a hearing with an immigration officer. Your denial letter will explain the process of filing this request. Information on form N-336 will be detailed in this letter. If your denial was because your failed the English or civics portion of the exam, you can reapply as soon as you feel prepared to do so.

If your card is already expired or will expire soon, you can still apply for citizenship as an expired card will not bar your for applying. However, you will encounter problems if you travel internationally, apply for a job, or apply for certain benefits.

DACA Visas

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On January 20, 2021, President Biden issued na executive order officially revoking the far-reaching enforcement priorities set out by the prior administration. Additionally, the government has stated that information provided to USCIS in DACA requests will not be proactively provided to ICE and/or CBP for the purpose of immigration enforcement, unless the requestor meets the criteria for the issuance of a Notice to Appear set forth in USCIS’s 2011 guidance.

If your DACA is expired, we recommend that, if eligible, you apply to renew as soon as possible.

If your DACA in valid, you may apply to replace a lost, stolen, or destroyed EAD/work permit by filing a new Form I-765 and paying the $495 filing fee. If your DACA has expired, you should renew your DACA with that apply for a new work permit.

Yes. A December 2020 court order fully restored the DACA program, which means that the government must accept advance parole applications. You may qualify for advance parole if you currently have DACA and you can prove that your travel abroad is based on employment, educational, or humanitarian purposes.

However, traveling on advance parole may come with some risks. CBP retains the authority to refuse entry, even if you have an approved advance parole document. If you would like to apply for advance parole you should speak to our DACA attorney so you can fully understand the potential risks associated with travel.

If your DACA is expiring, we strongly encourage you to renew as soon as possible. While you are not legally required to notify your employer that your work permit is expiring, your employer is obligated to make sure they are employing individuals that are authorized to work. If the employer asks you for a new work permit, you have until your current work permit expires to produce a new one. If you can’t do so by the date of expiration, your employer can legally terminate you.

We must continue to demand that state and local officials protect all immigrant communities from immigration enforcement. We must also advocate for inclusive federal legislation that provides a pathway to citizenship. Any policies that further harm, criminalize, or deport immigrant community members must be rejected. Additionally, because we are living through a pandemic and an economic crisis, we have to insist that COVID-19 relief packages extend protections and resources to immigrants who put their lives at risk to ensure this country continues to operate.

U.S. Asylum Cases

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Anyone who is physically present in the United States, regardless of how they arrived or their current immigration status, can apply for affirmative asylum. However, they must prove that they have a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.

The timeline can vary greatly depending on the specifics of your case and the backlog of the asylum office. It could take anywhere from a few months to several years.

Yes, asylum seekers can include their spouse and children under 21 in their application, and if granted asylum, family members can also be granted asylum status. If granted asylum, you can also petition to bring other family members to the U.S.

Questions will vary depending on the specifics of your case, but they may include when and how you entered the U.S., details about your fear of returning to your home country, and any changes in circumstances that affect your eligibility for asylum. You may also be asked to provide documentation or proof for your claims.

Yes, all asylum seekers must undergo background and security checks as part of the application process.