Questions We Are Frequently Asked About Immigration
Immigration issues can be extremely complex and confusing. You may have many questions about your circumstances, as well as those of your family members, and need answers. At ERM Immigration Law, PLLC, we are here to give you the answers you need.
Below are some common questions we are often asked about business and employment immigration as well as family-based immigration. To learn more, please call our Washington state firm at 206-745-9241 to schedule a consultation or contact us online.
Why do I need an immigration lawyer?
The immigration guidelines and policies are often changing in the United States. They can also be difficult to navigate and understand. Having an experienced immigration attorney on your side can not only make the processes easier but can possibly increase your chances of having your application or petition granted. Your lawyer can also explain all the different types of immigration issues, including visas, green cards, citizenship and naturalization, and how you can reach your goals.
What is a National Interest Waiver?
A National Interest Waiver provides legal entrance and residency in the United States for people of “extraordinary ability” and whose work in the country will be beneficial to the nation and its interests.
How do I seek asylum in the U.S.?
Seeking asylum in the U.S. means that you have fled your home country due to dangerous circumstances, such as war or the fear of persecution. Within one year of coming to the country, you must file a form I-589, Application for Asylum and for Withholding of Removal. Your lawyer can help you complete the documents and include a spouse and/or children on the form if needed.
What options do I have for getting a green card?
There are several pathways to obtaining a green card, or obtaining permanent residency in the United States:
- Family sponsorship: U.S. citizens and permanent residents can sponsor close relatives, such as spouses, children, parents and siblings.
- Employment-based: Employers can sponsor foreign workers for permanent residency.
- Diversity visa lottery: A limited number of visas are available through a lottery for individuals from countries with low rates of immigration to the U.S.
- Asylum or refugee status: After one year, individuals granted asylum or admitted as refugees can apply for a green card.
Other pathways include the U.S. Armed Forces members, the Cuban Adjustment Act and specific programs, like the U-visa for crime victims or VAWA for victims of abuse.
What does it take to become a naturalized citizen?
To become a naturalized U.S. citizen, an individual must:
- Be a lawful permanent resident for at least five years (or three years if married to a U.S. citizen)
- Live in the state or USCIS district where you apply for at least three months and have continuous residence in the U.S. during the five years preceding the application
- Be physically present in the U.S. for at least 30 months out of the five years
- Demonstrate good moral character, adhering to U.S. laws and societal norms
- Pass an exam covering U.S. history and government, and demonstrate the ability to read, write and speak basic English
Finally, one must swear an oath of allegiance to the United States.
How can I bring my family to the U.S.?
To bring family members to the U.S., you can:
- Sponsor spouses, unmarried children under 21 and parents without numerical limits on visas
- Sponsor other relatives, such as unmarried adult children, married children and siblings
- Bring your fiancé(e) to the U.S. on a K-1 visa, allowing them to marry and then apply for a green card
Those granted refugee or asylum status can petition to bring their spouse and unmarried children under 21.
Can AI handle my immigration matter?
With the rise of artificial intelligence (AI) programs, many people are beginning to wonder if they can use it instead of hiring an immigration attorney. Learn more about using AI for immigration cases.