FAQ
In some cases, undocumented individuals may still be eligible for a Green Card, especially through pathways like family sponsorship, U visa, asylum, or the Deferred Action for Childhood Arrivals (DACA) program. However, the process can be complex, and consulting an immigration lawyer is recommended.
The public charge rule refers to an assessment of whether an immigrant is likely to become dependent on government assistance. Some categories, like refugees, asylees, and U visa applicants, are exempt. The rule affects those applying for Green Cards or certain visas, and evidence of financial independence may be required.
To apply for a Green Card (permanent residence), you need to file Form I-485 (Application to Register Permanent Residence or Adjust Status) if you’re in the U.S. or go through consular processing if you’re abroad. Eligibility is typically based on family relationships, employment, refugee/asylee status, or other special categories like VAWA or U Visa.
A Green Card grants permanent residency, allowing you to live and work in the U.S. indefinitely. A visa, on the other hand, permits entry into the U.S. temporarily, either for work, travel, or study, and may have restrictions on the duration of stay.
The naturalization process usually takes 6 months to a year after filing Form N-400. However, you must first be a Green Card holder for at least 5 years (or 3 years if married to a U.S. citizen) before applying for citizenship.
If your visa is denied, you should first review the reason for the denial as provided by the U.S. consulate or USCIS. You may be able to reapply with additional supporting documents or appeal the decision depending on the specific case.
A priority date is the date when your petition (such as Form I-130 or I-140) was filed. It determines your place in line for an immigrant visa number under family- or employment-based categories.
Yes, if you have applied for a Green Card, you can apply for a work permit (Employment Authorization Document, or EAD) by filing Form I-765. This allows you to legally work while your application is processed.
Refugee status is granted to individuals outside the U.S. seeking protection from persecution, while asylum is for those already in the U.S. or at the border who fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.
To sponsor a family member for a U.S. visa, you need to file Form I-130 (Petition for Alien Relative) and show proof of the relationship, financial support, and other eligibility criteria. Family-based immigration is divided into immediate relatives (such as spouses and children) and family preference categories (siblings, adult children).