Immigration FAQs
Our Immigration Attorneys answer the most frequently asked questions about immigrating to the United States. From how long it takes to whether you can work or get married, from forms to adjustments, and sponsorships to asylum, our attorneys worked hard to anticipate and answer all your questions in one easy place.
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An Immigration Attorney discusses the many benefits of becoming a citizen of the US to those legal permanent residents who decide to do so even though they can reside in the country for their entire lives without changing their status.
- Legal permanent residents, or green card holders, must comply with certain statutory requirements to remain in the United States. They are still susceptible to deportation for criminal convictions and must spend at least 51% of their time in the U.S. Citizens, on the other hand, need not comply with any requirements to maintain citizenship and cannot be deported, although they are subject to other criminal consequences.
- Citizens are allowed to vote whereas permanent residents who vote or even register to do so will be barred from holding legal status in the U.S. permanently. This means citizens have some say in the governing of the country and their city while permanent residents do not.
Citizenship is a powerful protection with many benefits for immigrants who wish to remain in the United States their entire lives. If you or someone you know has questions about residency or citizenship, contact one of our Immigration Attorneys at Dummit Fradin today!
A trusted Immigration Attorney discusses the eligibility requirements for an adjustment of status, a process that allows you to obtain your green card in only one step. There are only two requirements you must meet.
- You must be a qualifying relative of a US citizen.
- You must have been lawfully admitted to the US.
A qualifying relative is a spouse, parent, or unmarried child under 21. To be lawfully admitted you needed to have entered the US on a visa, like a tourist visa or employment visa, or you came without a visa and were granted specific parole. Even if you have overstayed your visa you can still qualify if you have not left the US and reentered unlawfully. If you meet these requirements and have no serious criminal convictions or immigration violations, then you can apply for an adjustment of status and if approved, obtain a green card in a couple of years.
Human trafficking is a very serious offense. However, the T Visa provides a path toward a green card for people that may have endured severe forms of trafficking.
What are some Qualifications for a T Visa?
Some severe forms of trafficking include:
- Labor exploitation
- Sexual exploitation
- Domestic violence
What Happens if you are Approved for a T Visa?
- Four years of immigration status within the United States
- Four years of work authorization
- Social Security Card
Once three of those four years have passed the T Visa holder can apply for a green card. But, they will have to show that they are eligible for it as a result of being trafficked.
What are the Elements a T Visa Applicant has to Prove?
- That they are a victim of a severe form of human trafficking.
- That they are in the United States because of trafficking.
- That they have reported their trafficking and have been cooperative with the investigation.
- That being sent back to their home country would result in extreme hardship for them.
But if the person applying is under the age of 18 they do not need to report the trafficking, prove extreme hardship, or assist law enforcement.
Form I-192
An important part of the T Visa application process is form i-192. This form provides a strong pardon. This means that the applicant, even if they have criminal convictions, orders of deportation or immigration violations can still qualify and eventually get their green card.
The T Visa is a very complicated process but it can be a useful tool for those who have survived human trafficking. If you believe you are eligible for the T Visa schedule a consult with an experienced Immigration Attorney at Dummit Fradin today.
A respected North Carolina Immigration Attorney describes the steps necessary to sponsor your parents for a green card provided you’re a US citizen.
You will need to first submit form I-130, which is a form that confirms you are related to the person you are sponsoring. You must also submit your birth certificate and other biographical data on you and your parents. Once your family-based petition is approved, you need to figure out if your parent needs a waiver. If they have any criminal or immigration violations, they may need one of these. They may qualify for a waiver of forgiveness if you or your siblings served in the military, they entered the US with a visa, they have TPS or DACA, or if they came to the US a long time ago and someone has already tried to apply for a green card for them. Finally, after the Family Petition is approved and you’ve decided whether your parents need a waiver of forgiveness, you must submit the completed application to the appropriate embassy, which may or may not be in your parent’s home country. As you can see, applying for a family-based green card is complicated, but our experienced North Carolina Immigration Attorneys can help! Give us a call today!
Crimes and Immigration
Our Immigration Attorney discusses how a criminal charge could negatively affect an immigration case. A criminal charge refers to the time between a formal accusation of a crime and the point of conviction. During this time, ICE officials will have access to the charges including information like an address, and could decide to pursue an immigration case. Depending upon an immigrant’s status and the charge itself, there may be no bail option in an immigrant detention center. Then, after the charge is decided by a judge, the immigrant may be susceptible to deportation. Therefore, it’s imperative when any immigrant is formally charged with a crime that they have both their Criminal Attorney as well as their Immigration Attorney present so they can tailor their defense to meet both needs. If you’ve been charged with a crime and are unsure how that affects your immigration status, call one of our Immigration Attorneys today! We can help!
Denials and What You Can Do
There are various reasons a green card application might be rejected. These are by no means the only reasons for rejection, of course, only a few of the more common reasons.
- Violent crimes will automatically and immediately cause a rejection, such as murder, kidnapping, or sexual violence.
- Non-violent crimes can also result in rejections. However, pardons can be applied in some instances, like in the case of illegal entry into the country by the spouse of a US citizen.
- Timing also becomes a reason for rejection if someone of Special Immigrant Juvenile Status applies before a green card is available, or if someone here on a Visa does not follow the policies and procedures necessary to stay here legally.
As you can see, the green card application process is tricky and each case is unique. To discuss yours, talk to one of our experienced Immigration Attorneys today.
A trusted North Carolina Immigration Attorney discusses the top 3 green card interview mistakes she sees applicants make and how to avoid them.
- The first mistake she sees applicants make is when they don’t prepare at all. It’s extremely important that green card applicants sit down with their attorneys, go over their information, and make sure they update any necessary information.
- The second mistake green card applicants frequently make is not bringing all requested documentation. Forgetting to bring the necessary documents could delay the application process or even be grounds for denial.
- The final green card interview mistake applicants make is lying. Lying or hiding the whole truth can make the situation worse, so always be honest with your Immigration Attorney.
If you have an upcoming green card interview, be prepared and call one of our Immigration Attorneys today!
Some citizenship requirements are absolute and unchanging, but there are some that can be argued around. Form N-336 is a tool in which you can appeal a citizenship denial and argue that you are a prime candidate for citizenship in the United States.
But which requirements can be negotiated and which should be left alone? If an application has been denied based on criminal convictions or charges there are not many ways to argue around that. The most successful arguments for appeal of a denial for a citizenship application are,
- Residency Requirement
- English Requirement
- Civics Exam
In the event of a denied citizenship application, options are still available but you need to act fast. Schedule a consultation with one of the experienced immigration attorneys at Dummit Fradin today.
Form I-601 can be used to seek forgiveness for many grounds of inadmissibility in immigration cases. One of the most common times people need to seek forgiveness is when they are trying to adjust their status. For example, if someone is the child, spouse, or parent of a United States citizen and has entered the US legally, they are eligible to adjust their status, but they still need to be admissible. If they have been convicted of certain crimes or have lied to an Immigration Officer to obtain a benefit, then they are considered inadmissible. They will need to seek forgiveness using Form I-601. When seeking forgiveness, you must show complete remorse for your past behavior. You cannot plead innocent or not guilty, you must take full responsibility for your actions. Further, you must demonstrate why you deserve a positive exercise of discretion. And lastly, you must show your US citizen spouse, child, or parent would suffer extreme hardship in your absence. Extreme hardship could include financial, mental, educational, emotional, or any other hardship to a very high degree. It should be noted that if seeking forgiveness for fraud or misrepresentation to an Immigration Officer, your qualifying US relative cannot be your child. If you need help seeking forgiveness so that you can apply for your green card, give one of our experienced advocates at Dummit Fradin a call today.
A North Carolina Immigration Attorney discusses the terms of art, “extreme hardship” and “urgent humanitarian reasons,” the differences between the processes they refer to, and how they are applied in Immigration Law.
Extreme Hardship:
This is most often seen as a defense in Immigration Court, either in a cancellation of removal (42A or 42B) or in a waiver of forgiveness (Form I-601 or I-601A.) You are trying to overcome deportability based on the fact that your US citizen spouse, parent, or child would suffer extreme hardship in your absence. You need to show extreme hardship in two contexts: the first is should the US citizen accompany the person being deported back to their home country, then there would be extreme hardship in perhaps education for their children, their earning potential, or maybe their personal safety. The second context extreme hardship needs to be proven is should the citizen not accompany their partner, parent, or child if they were deported then there may be extreme emotional hardship from being separated or hardship from loss of income. Showing extreme hardship should you be separated from your qualifying US citizen relative can clear the way for getting a green card or you may at least avoid deportation.
Urgent Humanitarian Reasons:
This is usually seen when someone is seeking an affirmative immigration benefit and time is a factor. In other words, the applicant is not in Immigration Court and is not using this as a defense. For example, the applicant may be seeking to obtain humanitarian parole which requires a compelling emergency and urgent humanitarian reasons to temporarily be allowed into the United States. These reasons could include a government coup in your home country, a financial crisis, or other human rights violations.
Marriage-Based Green Cards
This video discusses what the violence against women act is and how it can still help you get a green card.
The Violence Against Women Act
The Violence Against Women Act (VAWA) helps people who would have been eligible for a green card through their spouse or a child but survived domestic violence at the hands of that spouse or child. VAWA provides a route to a green card for people who have been abused without having to involve an abusive family member. It also preserves their rights to pursue a green card while leaving the abusive relationship.
How to Qualify for VAWA
There are several things a VAWA applicant must prove to qualify.
- The applicant must show they were in an abusive relationship with a U.S. citizen or lawful permanent resident. The applicant must provide a marriage certificate and also show that they entered into the marriage in good faith. In the case of an abusive child, they must provide a birth certificate that they are the biological parent.
- The applicant must prove that they have been subjected to abuse and/or extreme mental cruelty. The applicant will have to submit proof such as letters of reference from family and/or friends, abusive text messages, recordings, emails, etc. As well as provide any medical records if the abuse resulted in any injuries.
- The applicant must prove that they lived in the same place with their abuser.
- The applicant must prove that they are a person of good moral character. This means providing a criminal record showing there are no serious offenses.
Something important to note, a VAWA application can forgive many different grounds of inadmissibility.
If you believe you may qualify for your green card through the violence against women act schedule a consult with one of our experienced Immigration Attorneys at Dummit Fradin today.
There is a way for immigrant family members to benefit if someone in their family serves in the United States Military.
Parole in Place
Family members of active duty military or veterans, including spouses, parents, and adult children may be eligible for Parole in Place. So long as the family member was not dishonorably discharged.
However, Parole in Place has limited circumstances in which it can lead to a green card. If an applicant has entered the United States without a visa more than once since 1996, then the only benefit is the chance to apply for a temporary work permit. Renewal of the work permit is not guaranteed. But, if the applicant has only entered the U.S. without a visa once since 1996, a Parole in place may offer a green card.
How to Prove You Qualify
- Marriage Certificate
- Birth Certificate
- Additionally, you will have to prove that your relative is an active service military member or a veteran that was not dishonorably discharged.
- Evidence of very little on your criminal record.
What Happens if I’m Approved?
If you are approved for Parole in Place, you will be given an I-94 card. You will now have one year in which to submit a green card application through a process called “adjustment of status”.
If you think you or a family member may be eligible for a military Parole in Place through a service member relative contact an experienced immigration attorney at Dummit Fradin today.
An experienced North Carolina Immigration Lawyer shares her top 3 tips on how to prove your marriage is bona fide for your marriage-based green card application interview.
- Get organized, and keep all your documents in the same place.
- Don’t wait until the last minute. And don’t throw anything away! Gather the documents you need now.
- Get experienced advice.
At Dummit Fradin, we have helped many immigrants prove their marriage is real for their I-130 marriage-based green card, so give one of our Immigration Attorneys a call today!
Our Immigration Attorney discusses the process, some of the situations that frequently arise during green card applications, and how this may affect the timeline.
- The simplest case is one where a US citizen marries a non-citizen who came into the country with permission. The citizen will need to file a family petition for their spouse and then prove the validity of their marriage. The green card application can be submitted at the very same time. This process, from beginning to end, generally takes between 3 and 4 years.
- If one entry was effected without permission then a step is added that waives the unlawful entry but only if extreme hardship to the spouse can be established. This decision usually takes over a year, on top of the 3 to 4 standard process, and necessitates the immigrant leaving the country to end up with a green card.
- When a U.S. citizen is married to a non-citizen and they are in their home country, the green card application needs to be processed through the U.S. embassy in that country and the interview scheduled there. This process only takes 1 to 2 years.
- If instead of being married to a U.S. citizen, the immigrant is married to a legal permanent resident of the U.S., the process doesn’t change except that they must wait for a visa to become available before they can apply.
If you or your spouse have questions about your eligibility to receive a green card or the green card application process, give one of our experienced Immigration Attorneys a call today! Let us help!
Every US citizen can petition to obtain a green card for their foreign-born spouse. However, if couples have been together less than three years, the green card issued will be a temporary one, valid for only two years. If the couple decides to get divorced before a permanent green card is issued, according to our trusted Immigration attorney, the process to petition to remove the conditions on residency is very similar whether the couple remains together or not. In the case of a divorced couple, the person petitioning to remain in the US must prove the marriage was valid, to begin with, and that they divorced not due to immigration reasons. This is simply arguing to the court that the couple had a valid marriage in which they shared every part of their lives, and their divorce was completely separate from any immigration considerations. Alternatively, the petitioner could show that their former spouse was abusive in some way or subjected them to extreme mental cruelty. This would require proof in the form of police reports, medical records, and/or sworn testimony of witnesses. If you need to petition to remove the conditions on your residency, give one of our experienced advocates a call today. Let us help you!
Asylum
A North Carolina Immigration Attorney discusses the five elements of asylum that every applicant must show to be granted this protection, whether they are applying affirmatively with USCIS or in immigration court.
- You must show you’ve suffered past persecution in your home country. This usually involves past physical violence. However, if you have not suffered already, you can alternately show it is more likely than not that you would suffer persecution should you remain in your home country.
- You need to be able to show the persecution is on account of a protected ground: race, religion, national origin, political opinion, or particular social group. (This is two elements, but they are always spoken of together in an asylum case.)
- You must have been persecuted by the government of your home country, their agents, or a group they are unwilling or unable to control. The most notable example of this would be a large-scale drug trafficking ring.
- The final requirement you must be able to show is that relocation anywhere in the country would not be reasonable, or that the same harm would befall you no matter where you moved.
Asylum law is complex and can be very intimidating for those fleeing terrible situations. If you feel you or someone you know might qualify for asylum in the United States and would like to consult with an experienced Immigration Attorney, call Dummit Fradin today!
Many people are confused by the definitions and do not know which is easier to obtain, affirmative or defensive asylum. A North Carolina Immigration Attorney outlines the differences and impacts each process would have on your immigration case.
Defensive Asylum
You are asking for asylum in response to a government attorney arguing for your deportation in Immigration Court. Asylum is your defense. This will likely require several hearings prior to your final one before the judge where you and your witnesses may testify on your behalf.
Affirmative Asylum
You are here on a visa or without status, and you are applying for asylum before your visa expires or you receive a notice to appear. You will only have to present your asylum application to a USCIS official who will decide your case, you will not go before a judge.
Generally speaking, it is harder to prove asylum defensively than it is affirmatively. However, in either case, it is best to have an experienced advocate by your side. If you think you or someone you know may qualify for affirmative or defensive asylum, call Dummit Fradin today.
A North Carolina Immigration Attorney gives a brief step-by-step overview of how to apply for asylum in the US whether you’re applying defensively, in Immigration Court, or affirmatively, without being in court. In either case, the most important thing to remember is, that your entire application must be submitted within one year of your arrival in the United States. This means, your entire application must be in the proper official’s hands by your anniversary date, so it’s a good idea to submit it early.
The government requires you to submit a form I-589. This form will contain your biographical data as well as some information as to why you qualify for asylum. In addition to this form, you will need to submit a personal declaration. This needs to be written in your strongest language and translated into English. It should be very detailed and tell of your past persecution, keeping in mind the five elements required to qualify for US asylum: past persecution, intimately connected, to a protected ground, by the government or a group the government can’t or won’t control, and that relocation is unreasonable to avoid continued persecution.
If you are in Immigration Court, this packet should be submitted to the court that has jurisdiction over your case as well as USCIS. If you are applying affirmatively, then you are only required to send the packet to USCIS. However, in either event, you will have a long waiting period before a final interview or hearing and your case is decided. It is recommended that you consult with an attorney before submitting your packet as well as before your interview or hearing to be sure you’re well prepared.
If you would like to know how to apply for asylum in the US or think you qualify, give one of our experienced Immigration Attorneys a call today. Let them help you prepare and walk you through the process.
Special Immigrant Juvenile Status
An esteemed Dummit Fradin Immigration Attorney briefly explains what the program called Special Immigrant Juvenile Visa Status actually is.
Special Immigrant Juvenile Visa Status
Special Immigrant Juvenile Visa status is a humanitarian protection available in the United States to vulnerable children. Many children who have been approved for Special Immigrant Juvenile Visa applications are able to get green cards.
What Are the Steps?
- The first step is for the child’s guardian to apply for a special custody order in front of a family law judge. The guardian can be anyone who is currently protecting the child or acting as the child’s parent.
- The second step is for the child to submit a special visa application. Once the visa application is approved, the child can usually apply for a green card immediately thereafter.
Special Immigrant Juvenile status can be a powerful protection for vulnerable children trying to enter the United States. If there is a child in your life that you think qualifies for Special Immigrant Juvenile Visa Status contact one of our immigration attorneys today to discuss your options.
A trusted Immigration Attorney discusses Special Immigrant Juvenile Status, who is eligible, and the process to get it.
What is Special Immigrant Juvenile Status?
Special Immigrant Juvenile Status or SIJS provides a path to residency for children living in the United States who have been abused, abandoned, or neglected by one or both of their biological parents.
How do you get it?
The process has three steps.
- You must go to a family court and have a judge issue a custody order stating the minor child has been abused, abandoned, or neglected by one or both of their parents, that reunification is not possible, that the child has been declared a dependent upon the juvenile court, and that it would not be in their best interest to return to their home country.
- After the order has been issued, the child can apply for SIJS. This is a fairly simple application and generally takes between 6 months and 2 years for a decision.
- After the SIJS visa has been approved, the child must wait for a permanent visa or green card to become available before they can apply for residency. This generally takes between 2 and 4 years.
Who can begin this process on the child’s behalf?
You can begin the SIJS process for any child living in your care, it does not have to be your biological child.
So if you have or know a child living in the United States without legal status and you think they may qualify for Special Immigrant Juvenile Status, call one of our experienced Immigration Attorneys today. Let them start going over the case.
One of our trusted immigration attorneys addresses the most common questions about Special Immigrant Juvenile Status or SIJS.
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What’s the biggest benefit to SIJS?
The majority of children that qualify for SIJS are in deportation proceedings, so the fact that SIJS protects the recipient from deportation is excellent protection. Further, all the children that qualify have been abused, abandoned, or neglected by one or both of their biological parents, so the United States taking steps to protect them from further abuse is another significant benefit to these kids.
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Can you work under Special Immigrant Juvenile Status?
No. Until the minor child’s priority date is current and they can apply for a green card, they cannot work lawfully inside the United States. Sometimes this lasts into their twenties.
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Can children who receive their legal permanent residency or LPR through Special Immigrant Juvenile Status or SIJS petition for their parents?
No. Remember, these children have become dependent on the juvenile courts. They can no longer petition for the residency of their parents even should they become full citizens in the future.
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Can people over the age of 18 on SIJS get married?
No. Children here on SIJS are unable to get married until they obtain their permanent residency. This is because SIJS is a program specifically for minor children, so, even though the child might grow up, in the eyes of immigration, they are the same age as they were when they applied. Marriage, however, will immediately throw them into the adult category and they will no longer qualify for Special Immigrant Juvenile Status.
While this program has some drawbacks, it offers a lot of protection for minor children as well. It’s one of the best ways for a child with no legal status who has been neglected, abandoned, or abused by their parents to stay in the U.S. If you have more questions about SIJS, give one of our Immigration Attorneys a call.
U Visas
What are the next steps after being approved for a U Visa?
What is a U Visa?
Victims of qualifying crimes within the United States who cooperate with law enforcement to bring their perpetrators to justice may receive the U Visa, a form of humanitarian protection.
What Does It Mean to Have a U Visa?
- Those who are granted a U Visa will receive four years of protection against deportation.
- Granted the ability to have a work permit as well as obtain a driver’s license.
- After three years have passed, the U Visa holder can apply for residency.
Applying for your Green Card through a U Visa
- Showing that you have continued to work with law enforcement.
- The hardest part is you have to prove you have been physically in the United States since you were approved for a U Visa.
If you are ready to apply for your green card based on your U Visa approval contact one of our experienced attorneys today. They will help guide you through the process and paperwork.
The applications for a U Visa can take years to process and in that time the family dynamic may change. If you have gotten married since submitting your U Visa application you may be able to add your spouse to your pending application. The U Visa applicant can add their spouse at any time to their application. But timing is important. If the applicant gets married after the U Visa is approved they can add the new spouse to the U Visa by using form I-929. But, you will also have to prove that if the application was not granted they would suffer extreme hardship in their absence. This process is a bit more complicated.
If you want to add your spouse to your application or have already been approved and want to add a spouse contact one of our experienced Immigration Law Attorneys to help walk you through the process and the evidence you will need.
One of our trusted immigration attorneys explains that a U Visa provides a path to a green card.
What is Form I-929?
A big part of a U Visa is form I-192. U visa applicants who have assisted law enforcement in capturing violent criminals may be granted Form I-192, which is a broad forgiveness program. This pardon can be the deciding factor between being permanently barred from the United States or being granted a green card. The scope of the pardon includes entry into the US without a visa, deportation orders, and criminal convictions. This means that those with prior criminal records or deportation orders may still be eligible for a U Visa. Nonetheless, not all grounds of inadmissibility are covered under this pardon, so consulting with an immigration attorney is advisable.
If you have questions about your eligibility for a U Visa contact, an experienced immigration attorney at Dummit Fradin today.
Immigrants who have had the misfortune of being victims of qualifying violent crimes and have now decided to cooperate with law enforcement. These immigrants are given a U Visa, temporary legal status, allowing them to live, work, and drive in the United States for 4 years. They can even apply for their green card after 3 years provided they meet all the requirements. The length of time a work authorization takes to obtain is entirely reliant upon the agencies doing the processing but sometimes takes up to a year. The authorization, however, is valid for the entire remainder of the U Visa status. If you have any questions or think you might know someone who qualifies for a U Visa, give one of our experienced Immigration Attorneys a call!