FAQ
Here are some of the questions that many people who are interested in gaining status in the United States have asked. This page will continue to grow and will be updated periodically.
Please note that the answers are NOT intended to be used as legal advice. Again, every case is unique and requires individual assessment.
Q: I entered the country illegally, can I become legal?
A: Probably not. However, there may be waivers available for you, and this may depend on whether you have committed a crime, whether you have any relatives in the United States, how long you have been in the United States, when and how did you enter the United States, was there a prior deportation order, etc.
Q: My husband or wife is a United States citizen, can I get a green card? A: This will depend on the manner of your entry. There is a widely circulated myth that marrying a U.S. citizen will cure all of your immigration problems. This is simply untrue. In some instances, yes, but not for every case. If you are able to provide sufficient proof that you entered the United States with a valid visa or Border Crossing Card, then you may be able to apply for a green card. If you are unable to show that you have entered the U.S. with inspection, then there are different steps that you will need to take.
Q. Should I wait outside the United States or change my status in the United States?A: This can only be evaluated on a
case-specific basis. One of the most common scenarios is when a U.S. citizen wants to bring his or her parents, spouse, and children to the U.S., the U.S. citizen may need to file a petition and apply for an immigrant visa for the non-U.S. citizen relatives. The non-U.S. citizen relative will attend an interview at the U.S. Embassy or Consulate. This process is called consular processing. However, if your foreign national relatives entered the U.S. with inspection and did not have the intent of obtaining legal permanent resident status at the time of entry, then they may be able to adjust their status in the U.S. This is known as adjustment of status. Another example would be when someone entered the U.S. with one type of visa, such as F-1 student visa, and wants to change to another status, such as H-1B visa, he or she may have the choice of changing the status in the U.S. or at the U.S. Embassy or Consulate. Again, this determination can only be made after a careful evaluation by an attorney.
Q. How long does it take for the USCIS to decide my case?
A: Well, some take a long time, some take less time. Quite a few people seem to believe that if your case has been pending for a long time, then it must mean that your attorney is not good. If you switch to another attorney, then some magic will happen and your case will be granted immediately. It does not work that way. The USCIS sets their time line for processing each type of cases, and they post their progress on the website. Most of the time, there really is nothing any attorney can do to speed up your case. You should always keep in mind that to go through the entire immigration process requires patience. Having said that, there are instances where you should hire an attorney if do not already have one. For example, you have been waiting for your green card for 5 years, and you still have not heard from the USCIS aside from getting a receipt notice letting you know that the USCIS has cashed your check.
Q. I have overstayed my visa for more than a year, but now I want to take a vacation in the Republic of Happyland, will I still be able to come back to the U.S.after my vacation?
A: No. If you have overstayed your visa for more than a year, you are barred from entering the U.S. for 10 years. If you have overstayed for more than 180 days but less than one year, then you are barred from entering the U.S. for 3 years. You will not be eligible to apply for any visas or any immigration benefits during this time. There may be a waiver available, but you should discuss it with an attorney.