Question 1

What is naturalization?

Accepted Answer

Naturalization is the process of becoming a United States Citizen. A permanent resident can become a naturalized citizen if they meet the following requirements:
Has had the green card for at least five (5) years,
Has maintained continuous residence in the United States within five (5) years of applying for naturalization,
Has been physically present in the United States at least 30 months within this five-year period,
Be a person of good moral character,
Is able to speak, understand, write and read in English at a basic level, and
Pass a citizenship test by demonstrating knowledge of the U.S. history, government and geography.
Spouses of U.S. Citizens only need to have their green cards for three (3) years to be eligible for naturalization.
Individuals who meet the “70 test” (are over 50 years old and have been permanent residents for at least 20 years or are over 55 years old and have had their green cards for at least 15 years) do not have to demonstrate their ability to speak, understand, write and read in English. They can have their naturalization interview conducted in their native language through an interpreter.

Question 2

What are the benefits of becoming a U.S. Citizen?

Accepted Answer

When you are a US Citizen, you can vote in elections, run for elected office, serve on a jury, travel internationally with a US Passport, and petition for a green card for relatives, just to name a few benefits. Additionally, while a permanent resident can still be deported, for example due to certain criminal convictions, a US Citizen cannot be deported.

Question 3

What can I do if I have received a deportation order?

Accepted Answer

You can appeal within 30 days of receiving the order.

Question 4

Do I need to be in the United States for you to represent me?

Accepted Answer

No, we routinely represent clients all over the world. We can represent you regardless of where you live. We can communicate with you via video conference and email, and also have technology tools to ensure that our representation for your case is as effective and effortless as if you lived next door.

Question 5

I have a conditional (2-year) green card. What will happen if I separate from or divorce my spouse who petitioned for my green card?

Accepted Answer

Generally, a conditional permanent resident has to file a petition to remove the conditions on their residence within 90 days before their 2-year green card expires. The conditional resident needs to file the petition jointly with the spouse through whom they obtained the green card. However, the joint filing requirement may be waived, and the conditional resident can file alone, under certain cirmcumstances. One of those is when the marriage has ended in a divorce.

Question 6

What happens to a family-based green card petition when the petitioner dies?

Accepted Answer

Generally, when the petitioner of an I-130 immigrant petition for a family member dies, USCIS will deny the petition. However, in a few circumstances, it can survive the petitioner's death. One instance is when a petition is filed by a US Citizen for his or her spouse. In such a case, the I-130 petition gets converted to an I-360 petition for a widow/widower. The second instance is when the petitioner dies after the I-130 is already approved, but before the family member gets the green card. In those situations, it might sometimes be possible to request a humanitarian reinstatement.

Question 7

What are the differences between the various employment-based green card categories (EB-1 vs. EB-2 vs. EB-3)?

Accepted Answer

There are several differences between the various preference categories, such as what types of individuals qualify, the number of visas that can be issued each year, whether or not the employer needs to obtain a labor certification, and whether an employer is needed at all.
The EB-1 category includes outstanding professors and researchers, multinational executives or managers, and individuals with an extraordinary ability. The EB-1 category does not require a labor certification and individuals with an extraordinary ability can self-petition, without needing an employer.
The EB-2 category includes those holding an advanced degree, and those with exceptional ability. Individuals under the EB-2 category can self-petition and do not need labor certification if they qualify for the National Interest Waiver.
The EB-3 category includes skilled workers (more than two years of work experience), unskilled workers (zero to two years of work experience), and professionals (at least a bachelor degree or equivalent). This category always requires a labor certification and an employer to start the petition process.

Question 8

How do I apply for U.S. Citizenship?

Accepted Answer

Please see the requirements for naturalization above. After determining your eligibility, you may apply to USCIS by submitting the form N-400, necessary documents, and fees.
What is a green card?
This is more accurately referred to as a Permanent Resident Card. It is a document that shows an individual is permitted to live and work in the United States permanently. It is called a green card because historically it had a green color.

Question 9

What qualifies you as a lawful permanent resident?

Accepted Answer

Green Card holders are lawful permanent residents. There are four major routes to obtaining the lawful permanent resident status: 1) through a family member, such as a spouse, parent, US Citizen child or sibling, 2) via employment and investment, 3) being classified as a refugee or asylum, or 4) through a lottery - diversity visa program.

Question 10

What is a Notice of Intent to Deny? What can I do if I receive one?

Accepted Answer

This is a letter sent from USCIS regarding a petition or application for an immigration benefit. USCIS issues this if the petition or application points to ineligibility or there is some derogatory information. You may respond within 30 days with a request to inspect the record of proceedings or you may rebut with production of evidence and persuasion.

Question 11

Why should I hire an immigration lawyer?

Accepted Answer

An immigration lawyer has experience and is thus likely to guide your unique situation through the complex system. You will have peace of mind because of having representation by a legal professional.

Question 12

When does USCIS issue a 2-year green card versus a 10-year green card?

Accepted Answer

A two-year green card is issued when you are granted a conditional permanent resident (CPR) status. The CPR status is granted for a recipient of a green card based on a marriage that is less than two years old at the time the green card is approved.
Conditions are also placed on a green card in the case of entrepreneurs who become permanent residents through EB-5 based on their investments in a business enterprise in the United States.
Conditional residents have to petition to remove the conditions on their residence within 90 days of their two-year green cards expiration dates. Once the petition is approved, the 10-year green card will be issued.

Question 13

My spouse passed away. Can I still apply for a permanent resident status?

Accepted Answer

You may still be eligible to self-petition for a green card as a widow/widower of a US Citizen. If you were married and not separated or divorced from your spouse, have not remarried and have proof of a bona fide marriage, you can file the I-360 petition within two years of your spouse's passing.

Question 14

What options are there to receive a green card through employment?

Accepted Answer

There are several different categories of employment-based green cards, depending on the type of work offered and the educational attainment and work experience of the person applying for the permanent resident status. The categories include executives and managers of multinational companies coming to the US to work as an executive or manager, individuals with extraordinary abilities in science, art, business, sports or other fields, professionals with advanced degrees or have exceptional abilities, physicians, and investors, to name a few.

Question 15

How can I sponsor a family member if my income is insufficient?

Accepted Answer

If your income is insufficient to sponsor a family member, you can show ownership of significant assets (like houses, cars, stocks, bonds, cash) that are at least three times the income shortfall for sponsoring a spouse or child. For other cases, the asset value must be at least five times greater. Alternatively, a joint sponsor who is a U.S. Citizen or permanent resident can sign an Affidavit of Support if their household income meets or exceeds 125% of the U.S. poverty level.

Question 16

I would like to schedule a consultation with an attorney. How much does a consultation cost?

Accepted Answer

You can schedule an appointment with our attorney to discuss your immigration case by going to https://qcilaw.as.me and choosing the most convenient date and time. The fee for an initial consultation is $200. The fee can be credited towards your case if you retain our services within 30 days after your consultation.

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