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Frequently Asked Questions

Immigration in General

What is the difference between “immigration” verses “emigration”?
How can a person immigrate to the U.S?
What are the differences between an immediate relative verses a non-immediate relative?

Green Card

What is a green card?
How come the "green card" is not "green" in color?
How can I get a Green Card (Permanent Resident)?
If my green card is expired, do I lose my status?
What is Adjustment of Status and its requirements?
How can an alien who is currently in the United States change his/her status from one category to a different category?

Naturalization

What is Naturalization?
How Does a Person Become a U.S. Citizen?
Can a permanent resident be waived from taking the naturalization exam?

Removal (Deportation)

What type of criminal convictions would make an alien get deported?
Can an undocumented alien (illegal) legally change his/her status if he/she married to a U.S. citizen?
What is cancellation of removal?
What is Voluntary Departure?
How can an alien come to the United States to work?
What is a Master Calendar Hearing?
What is a Merit Hearing?
Can I stay in the U.S. if I am married to a U.S. Citizen?
How can an alien file for cancellation of removal?

Employment Based Immigrant Petitions

Do I need one million dollars to invest in the United States?
Is it true that a person can obtain a green card under employment based 5th preference (million dollar investor) where an E-2 Treaty Investor does not get a green card?

Nonimmigrant Temporary Work Visas

How can an employee of a foreign company come to the U.S. to work?
What are the requirements for obtaining an H-1B Visa to work in the U.S.?
I’ve heard that some types of employment may be exempt from the H-1B Visa numerical limitations (i.e., the “cap”). What types of employment qualify for an exemption?
Can a foreign national come to the U.S. to start a new company or to invest in an existing company?
How can a foreign national currently in the U.S. on one type of non-immigrant visa change to another type of visa?
If I am approved to come to the U.S. on a temporary, non-immigrant visa, can my spouse obtain authorization to work in the U.S. as well?
What is the difference between “Change of Status” and “Adjustment of Status”?
What types of visas are available to attend school in the U.S.?

Fiance & Spousal Nonimmigrant Visas

What is a K-1 Visa?
What is a K-3 Visa?
How is a K-3 Visa different from family based petition for an alien relative?
Can a K Visa holder travel outside the U.S. after their arrival?
Once the alien is in the U.S, what does the alien must do to maintain their K visa status?

Asylum, Refugee, Withholding of Removal, and Convention Against Torture

What is Asylum?
What is “expedited Asylum application”?
How does an alien in the U.S. apply for Asylum?
If the Asylum application is denied, how can the alien appeal the decision?
What is withholding of removal?
The United Nations Convention Against Torture
What is a "Notice to Appear"

Contact the Immigration Lawyers at Smith & Garg today for a consultation!