Immigration Q & A

General Immigration Questions

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1. How do I apply for a green card?

To apply for a green card, you must file Form I-485, Application to Register Permanent Residence or Adjust Status, if you are in the United States. Eligibility is based on categories such as family sponsorship, employment, refugee/asylee status, or other special circumstances.

USCIS Resource:  Green Card Eligibility and Forms

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2. What is the processing time for my application?

Processing times vary depending on the type of application and the service center handling your case. You can check the estimated processing time on the USCIS website by selecting your form type and service center.

USCIS Resource:  Check Case Processing Times

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3. How can I check the status of my case?

You can check the status of your application online by entering your receipt number on the USCIS case status tool. The receipt number can be found on your Notice of Action (Form I-797).

USCIS Resource:  Case Status Online

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4. How do I replace a lost green card or work permit?

If your green card is lost, stolen, or damaged, file Form I-90, Application to Replace Permanent Resident Card. For a lost or damaged work permit, file Form I-765 with a renewal or replacement request.

USCIS Resources:
Replace a Green Card (Form I-90)  

Work Permit (Form I-765)

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5. What do I do if I overstayed my visa?

If you overstayed your visa, you may be subject to penalties such as bars on reentry. Some individuals may still be eligible to apply for adjustment of status or waivers depending on their circumstances. Consult with an immigration attorney for advice.

USCIS Resource:  Unlawful Presence and Inadmissibility

 

Family-Based Immigration

6. How can I bring my family to the United States?

You can sponsor certain family members by filing Form I-130, Petition for Alien Relative. Immediate relatives (spouse, unmarried children under 21, and parents of U.S. citizens) have the fastest processing times.

USCIS Resource:  Family Immigration Process

7. Can I work while waiting for my green card?

If you have a pending green card application, you may apply for a work permit by filing Form I-765, Application for Employment Authorization.

USCIS Resource:  Employment Authorization

8. What is conditional permanent residency, and how do I remove the conditions?

Conditional residency is granted to spouses of U.S. citizens who have been married for less than two years at the time their green card is approved. To remove conditions, file Form I-751, Petition to Remove Conditions on Residence, within 90 days before your green card expires.

USCIS Resource:  Remove Conditions on Green Card

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Employment-Based Immigration

9. How can I apply for a work visa?

The type of work visa you apply for depends on your occupation and eligibility. Common work visas include the H-1B (specialty occupations), L-1 (intra-company transfers), and O-1 (extraordinary ability). Employers typically file petitions on behalf of employees.

USCIS Resource: Temporary Worker Visas

10. Can I change employers on a work visa?

Certain work visas, like the H-1B, allow portability, meaning you can change employers as long as the new employer files a petition and meets visa requirements.

USCIS Resource: H-1B Portability Provisions

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Travel and Temporary Visas

11. What is an Advance Parole document, and do I need one?

Advance Parole allows individuals with pending green card applications to travel abroad and return to the U.S. without abandoning their adjustment of status application. File Form I-131 to request this document.

USCIS Resource: Advance Parole Information

12. How can I extend my stay in the U.S.?

To extend your stay, file Form I-539, Application to Extend/Change Nonimmigrant Status, before your current status expires. Approval is subject to eligibility and discretion.

USCIS Resource: Extend Your Stay

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Waivers and Special Programs

13. How do I apply for a waiver of inadmissibility?

File Form I-601 or Form I-601A depending on your situation. For example, I-601A allows a provisional waiver for unlawful presence before departing the U.S. for consular processing.

USCIS Resource: Waivers of Inadmissibility

14. How can I qualify for asylum or refugee status?

You may apply for asylum by filing Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival. Refugee status requires referral through the U.N. or another designated program.

USCIS Resource: Asylum and Refugee Information

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Naturalization

15. How can I become a U.S. citizen?

You may apply for naturalization by filing Form N-400, Application for Naturalization, if you meet eligibility requirements, such as permanent residency for 3-5 years, good moral character, and English proficiency.

USCIS Resource: Path to Citizenship