Frequently Asked Questions

I am a Legal Permanent Resident (“LPR”, Green Card Holder) – when am I eligible for U.S. Citizenship (Naturalization)?

If you obtained your LPR status through marriage to a US Citizen, you are eligible to file a USCIS N400 Application for Naturalization 90 days before meeting the required 3-year period of continuous residence as an LPR; an applicant filing under the general naturalization provisions may file his or her application up to 90 days before he or she would first meet the required 5-year period of continuous residence.

My company would like to hire a qualified candidate for a key position within our company who is a foreign national – what kind of visa would qualify this individual for work authorization within our company?

Depending upon multiple factors related to the candidate’s work history, educational history, and profile, two overall immigration paths exist with regard to employment-based immigration: immigrant visas and non-immigrant visas. For employment-based immigrant visas, there are a few separate and distinct categories such as EB-1, EB-2, and EB-3, and you (or the candidate) choose amongst these depending upon the profile of the candidate and the job type. For employment based non-immigrant visas, if the candidate is filling a position for which a college degree is required, a common visa type utilized by many companies in the United States is the H-1B visa. However, if the candidate works for your affiliate abroad, then he or she may qualify for an intracompany transferee visa (L-1A or L-1B).

I recently became a proud U.S. Citizen, how can my family abroad come and live permanently in the United States?

By filing a USCIS Form I-130 Petition for Alien Relative, your foreign national spouse, unmarried children under the age of 21, and parents (if you are over 21) qualify as “immediate relatives” and may join you without any visa wait time; other qualified relatives such as siblings may join you, with some visa wait time depending upon multiple factors. Importantly, immediate relatives may file from within the United States or may choose to go through consular processing, while other qualified relatives may become permanent residents through consular processing only in most instances.

My relative was recently taken into custody by Immigration and Customs Enforcement and is now being held in a detention facility. Will he be deported?

Removal proceedings technically start when Immigration and Customs Enforcement (“ICE”) issues a “Notice to Appear”. Importantly the NTA must list the nature of the proceedings against the alien, the legal authority under which the proceedings are conducted, the acts or conduct alleged to be in violation of law, and the charges against the alien and the alleged violations. Like most legal matters, the NTA must be “served” upon the alien. The alien is allowed to hire an attorney to represent him or herself. Deportation (known as “removal”) happens when an immigration judge orders a person removed from the United States. The charges in the NTA are not always correct/appropriate, and a well prepared attorney may contest the charges.