FAQs - US Immigration Law
In an effort to help you find as much information as possible, we have compiled some of our clients' most frequently asked questions. Feel free to browse through them and visit related pages for more detailed information.
Please note that some of the topics are closely related, so you might want to check different categories while looking for answers.
General Immigration Issues
When may Immigration enter my home?
Immigration officers may not enter your home unless they have “warrant.” A warrant
is a document issued by a court or government agency. There are 2 types of warrant, one for when they are coming to arrest you, and another for when they have permission from a judge to search your home. (ICE) can issue arrest warrants, but only a court can issue a search warrant. Back to Immigration FAQs
Adjustment Of Status
My I-485 is pending and my EAD (work permit) card is expiring in a week. I applied for the renewal a bit too late, so it is not going to come by the time the old one expires. My driver’s license also expires in a week. Will I be able to renew my driver’s license?
Each state has their own guidelines for issuing driver's licenses. It is most likely you will need to wait for the new EAD However, if your application is based on an already approved I-130 for example, you may be ok. Check your State's acceptable documents table. The link for Florida’s acceptable documents is here. www.dmvflorida.org. Back to Immigration FAQs
My I-485 is pending and I need to renew my EAD. Do I have to pay the fee for renewal?
No fee is required, so long as the application for adjustment of status was filed after July 30, 2007. Back to Immigration FAQs
What are the new EB-5 program changes under the final rule effective date of November 21, 2019?
- The standard minimum investment amount has increased to $1.8 million (from $1 million) to account for inflation.
- The minimum investment in a TEA has increased to $900,000 (from $500,000) to account for inflation.
- Future adjustments will also be tied to inflation (per the Consumer Price Index for All Urban Consumers, or CPI-U) and occur every 5 years.
I recently became a U.S. citizen. My only brother lives in the country where I came from. I want to bring my brother with a green card. I checked the Visa Bulletin. According to the Bulletin, my brother has to wait on some kind of line for about 11 years (to be "current"). I was shocked! Is this understanding of the Bulletin the right one? If it is right, then is there any way to shorten this long period?
There is no way to speed up the process. Please keep in mind there are other visa options such as employment, investor, etc., which may be applicable to your brother. You would want to consult with an attorney to verify if there is any other option. Although he will not be an immediate relative upon entry, he may be able to obtain some other status while he awaits your petition. Back to Immigration FAQs
My mom has a tourist visa, she visited me several times. I'm a citizen. Should I wait for her to visit me and apply for a green card? Or should I start applying from here first? Which option is better?
As a U.S. citizen, your mother is considered an immediate relative. This means she can pursue adjustment of status within the United States or an immigrant visa through consular processing. PLEASE NOTE, your mother cannot enter the U.S. on her tourist visa solely to pursue adjustment of status within the United States. This would mean she has entered with immigrant intent on a nonimmigrant visa, which can lead to accusations of fraud. If you are to pursue adjustment within the U.S. for your mother, I would suggest consulting with an attorney. Back to Immigration FAQs
How can I get a copy of I-797 for my previously filed H-1B when I have a case receipt number? I filed my H-1B in June 2008 through a company here in India. It got approved in the lottery, but I never got my I-797 from them. I only have my receipt number with which I can track the status on USCIS website. Now my current employer wants to do my H1B for which they need the old I-797. Can you help me get a copy of my I-797? My H-1B was filed from VT center.
You can make a Freedom of Information Act (FOIA) request. I would suggest filing a FOIA request with the USCIS and the DOS. It may be worthwhile to contact the previous petitioning company as well. Back to Immigration FAQs
I would like to know when is the right time to reapply citizenship again because my first application was denied due to lack of good moral character. I was given a letter that I may apply for an appeal, but I don't have money for the application. How long should I wait to reapply?
One of the requirements of naturalization is a demonstration of good moral character. If the denial was based on criminal history which occurred prior to your application, but within 5 years of your application, you would need to wait 5 years from the date of your conviction. If the denial was based on a misrepresentation which occurred during the interview, you would need to wait 5 years from the interview date. It would be wise to consult with an attorney, to avoid any additional time or money waste. Also, please be advised some criminal history may make you removable. You would also want to have the attorney review this as well, prior to any application for citizenship. Best of luck next time! Back to Immigration FAQs
What is A 601A Waiver?
A 601A waiver is basically a provisional waiver that you would apply here in the US, when you are about to travel to the consulate or the embassy to pick up your Immigrant Visa or your Green Card, after the interview has been scheduled. A 601A waiver waives the unlawful presence bar that you have accrued, so you won’t receive the 10-year bar. If you’re in this country and you’ve been here over one year, you know you’ve accrued unlawful presence for a year and if you depart the country, you have what is called a 10-year bar. So that’s essentially what this waiver would waive. This program started under the Obama administration. In the past, those who met this criteria were not eligible for adjustment, and if there was an immigrant visa available to them, they would have to go to their home country to apply for this waiver. Oftentimes, this resulted in being separated from their families for one to two years, and sometimes permanently, if their waivers are never approved. The provisional waiver allow people to wait inside the United States, without being separated from their families, and to travel for the appointment once it’s approved, for the sole reason of receiving their immigrant visa. The process takes about six months to a year. Back to Immigration FAQs
Contact Our Experienced Immigration Lawyer in Orlando
If you need help with any type of immigration matter or need additional information, please do not hesitate to call us today at (407) 502-3000. You may also fill out our online form and we will get back to you shortly. We have a 24-hour emergency service and can assist you in English, Arabic, Portuguese and Spanish.