FAQs

The process for obtaining a green card (lawful permanent residency) in the United States typically involves the following steps:

• Determine eligibility: There are several categories of eligibility for a green card, such as employment, family sponsorship, investment, or humanitarian protection.
• File a petition: If you are eligible, you or a sponsoring relative or employer must file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS).
• Wait for approval: After filing the petition, you may need to wait for approval and a visa to become available, based on quotas and priority dates.
• Attend an interview: If your petition is approved, you may be required to attend an interview with a USCIS officer to confirm your eligibility and answer questions.
• Receive a decision: USCIS will notify you of the decision, which may be approval, denial, or request for additional information.
• Obtain a green card: If approved, you will receive your green card in the mail, which you should carry with you at all times as proof of lawful permanent residency.

Note: The exact steps and requirements may vary based on your specific circumstances, and the process can be complex and time-consuming. It is recommended to consult with an immigration attorney for guidance.

The green card process, also known as obtaining permanent residency, can vary in time depending on several factors such as the individual’s country of origin and the category they are applying under. Generally, the processing time can range anywhere from several months to several years. It’s important to check the current processing times for your specific case on the U.S. Citizenship and Immigration Services (USCIS) website. It’s also a good idea to consult with a qualified immigration attorney to understand the specific details of your case.

To qualify for an advanced degree visa you must show that you have acquired the equivalent of a 4-year university degree and 5+ years of work experience in a specific field.

Yes, you can work while your green card application is being processed, if you have employment authorization. If your green card application is based on a job offer, your employer may be able to file a Form I-765, Application for Employment Authorization, on your behalf. If you are applying for a green card based on a family sponsorship, you may be eligible for an employment authorization document (EAD) by filing a Form I-765 with USCIS. It’s important to note that not all individuals are eligible for an EAD, and the processing time for the EAD can also vary. It’s advisable to check with a qualified immigration attorney to determine your eligibility for an EAD and the specific details of your case.

To become a naturalized citizen of the United States, you must meet certain eligibility requirements. These requirements include:

• Legal permanent residency: You must have been a lawful permanent resident for at least five years (or three years if you obtained your green card through marriage to a U.S. citizen).
• Residence and Physical Presence: You must have lived in the U.S. continuously as a legal permanent resident for at least five years (or three years if you obtained your green card through marriage to a U.S. citizen) and been physically present in the U.S. for at least half of that time.
• Good moral character: You must demonstrate good moral character during the specified period of residency.
• Knowledge of English and U.S. government and history: You must be able to speak, read, and write English and pass a test on U.S. government and history.
• Attachment to the U.S. Constitution: You must take an oath of allegiance to the U.S. Constitution.
• Age requirement: You must be at least 18 years old to apply for naturalization.

It’s important to note that these requirements are subject to change, and there may be additional criteria based on your individual circumstances. It’s advisable to consult with a qualified immigration attorney to determine your eligibility for naturalization and the specific details of your case.

Yes, as a legal permanent resident or U.S. citizen, you may be eligible to bring your family members to the U.S. This process is known as family sponsorship. The specific eligibility requirements and process for sponsoring family members depend on their relationship to you and your immigration status. U.S. citizens can sponsor their spouses, parents, children, and siblings for green cards. Legal permanent residents can sponsor their spouses and unmarried children for green cards. The process for sponsoring a family member typically involves filing a petition on their behalf with U.S. Citizenship and Immigration Services (USCIS) and demonstrating that you can support them financially. It’s important to note that the processing time for family sponsorship can vary and may take several months or years. It’s advisable to consult with a qualified immigration attorney to determine your eligibility to sponsor your family and the specific details of your case.

If your application for citizenship (naturalization) is denied, you will receive a written explanation from U.S. Citizenship and Immigration Services (USCIS) about the reasons for the denial. Some common reasons for denial include failing the English and/or Civics test, lack of good moral character, not meeting the continuous residency requirements, or failing to provide sufficient evidence to support your application. If your application is denied, you may request a hearing with an immigration officer to explain the circumstances surrounding your case and provide additional evidence. In some cases, you may also be able to appeal the denial to the Administrative Appeals Office (AAO). It’s important to note that each case is unique, and the best course of action will depend on the specific reasons for the denial. It’s advisable to consult with a qualified immigration attorney to determine your options if your citizenship application is denied.

You can check the status of your application with U.S. Citizenship and Immigration Services (USCIS) online using the “Case Status Online” tool on their website. To check your status, you will need to provide your name, date of birth, and receipt number, which can be found on your USCIS receipt notice. You can also check the status of your application by calling the USCIS National Customer Service Center at 1-800-375-5283. It’s important to note that the online case status tool and phone line may not provide up-to-date information, and the processing time for your application may vary based on your individual circumstances. If you have concerns or questions about the status of your application, it’s advisable to consult with a qualified immigration attorney.

There are many different types of visas available for individuals who wish to enter the United States for various purposes. There are immigrant visas to apply for a green card, and nonimmigrant visas to live temporarily in the U.S. Some of the most common types of visas include:

• B-1/B-2 Visitor Visa: For individuals who wish to enter the U.S. for business or pleasure on a temporary basis.
• F-1 Student Visa: For individuals who wish to study in the U.S. as a full-time student.
• EB-1A Extraordinary Ability Visa: Immigrant for individuals who have an extraordinary ability in the sciences, arts, education, business, or athletics.
• EB-1C Multinational Manager or Executive Visa: Immigrant for individuals who are a manager or executive with a foreign company that are being transferred to the related U.S. company.
• EB-2 Member of a Profession with an Advanced Degree or Exceptional Ability Visa: For individuals who have a degree that is equivalent to a U.S. Bachelor or Master’s or exceptional ability in their profession.
• H-1B Specialty Occupation Visa: For individuals who wish to work in a specialty occupation that requires a bachelor’s degree or equivalent.
• L-1 Intracompany Transferee Visa: For individuals who are a manager or executive and are being transferred by their foreign employer to a related company in the U.S.
• O-1 Extraordinary Ability Visa: Nonimmigrant for individuals who have an extraordinary ability in the sciences, arts, education, business, or athletics.
• K-1 Fiancé(e) Visa: For individuals engaged to a U.S. citizen who wish to enter the U.S. to get married.
• Green Card (Permanent Residency): For individuals who wish to live and work in the U.S. permanently.

It’s important to note that these are just a few of the many types of visas available, and the specific requirements and eligibility criteria for each type of visa can vary. It’s advisable to consult with a qualified immigration attorney to determine the best type of visa for your specific circumstances and the specific requirements for each type of visa.

The process for renewing a visa depends on the type of visa you hold and your individual circumstances.

In general, to renew a visa, you will need to:

• Determine if you are eligible to renew your visa. Some types of visas, such as B-1/B-2 visitor visas, can be renewed multiple times, while others, such as F-1 student visas, may require you to return to your home country to apply for a new visa.
• Complete the appropriate application form and pay the required fee.
• Schedule an appointment at a U.S. embassy or consulate if required.
• Submit the required documents, which may include proof of your current immigration status, proof of your ties to your home country, and evidence of your continued eligibility for the visa.

It’s important to note that the specific requirements and process for renewing a visa can vary based on the type of visa and your individual circumstances. It’s advisable to consult with a qualified immigration attorney to determine your eligibility to renew your visa and the specific requirements for your case.

Travel outside of the United States while your application is being processed can have consequences for your immigration case. If you are applying for a nonimmigrant visa, such as a B-1/B-2 visitor visa, you may be able to travel outside of the U.S. while your application is being processed, but it is important to ensure that your departure will not be seen as abandonment of your application. If you are applying for an immigrant visa, such as a green card, you should not travel outside of the U.S. while your application is pending. Leaving the U.S. while an immigrant visa application is pending can result in abandonment of your application and potential denial of your case. In certain circumstances, individuals who are applying for a green card may be eligible to apply for advance parole, which allows them to travel outside of the U.S. while their green card application is pending. It’s important to note that each case is unique, and the best course of action will depend on your specific circumstances and the type of visa you are applying for. It’s advisable to consult with a qualified immigration attorney to determine if it is safe to travel outside of the U.S. while your application is being processed.

If your visa expires while you are in the United States, it is important to take action as soon as possible to avoid potential immigration problems. If you are in valid nonimmigrant status, such as a B-1/B-2 visitor or F-1 student visa, and your visa has expired, you may be eligible to extend your stay in the U.S. by filing a request for extension of stay with U.S. Citizenship and Immigration Services (USCIS). If you are in the U.S. on an expired visa and do not take steps to extend or change your status, you may be considered to be out of status and may be subject to removal proceedings. Additionally, being out of status can have negative consequences for any future immigration applications, such as making it more difficult to obtain a new visa or green card in the future. If you are out of status and have not taken steps to correct your immigration status, it is advisable to consult with a qualified immigration attorney to determine your options and the best course of action for your case.

Overstaying a visa in the United States can have serious consequences for your immigration status and future prospects. If you remain in the U.S. after your visa has expired, you will be considered out of status. Being out of status can make it more difficult to obtain a new visa or green card in the future and can also result in removal proceedings. In addition to these immigration-related consequences, overstaying a visa can also have other negative effects on your life in the U.S. For example, you may be unable to open a bank account, obtain a driver’s license, or enroll in certain educational programs. It’s important to note that each case is unique, and the specific consequences of overstaying a visa will depend on individual circumstances and the type of visa that was overstayed. It’s advisable to consult with a qualified immigration attorney to determine your options and the best course of action for your case.

To apply for a work permit in the United States, you will need to follow these general steps:

• Determine if you are eligible for a work permit. Not all noncitizens are eligible for work authorization. Eligibility for a work permit is typically tied to immigration status, such as having a pending asylum application or being the spouse of a U.S. citizen.
• Complete and submit the appropriate application form (Form I-765, Application for Employment Authorization) to U.S. Citizenship and Immigration Services (USCIS).
• Pay the required fee.
• Provide evidence to support your eligibility for a work permit, such as proof of your current immigration status, proof of your identity, and any other required supporting documents.
• Attend a biometrics appointment, if required.
• Wait for a decision on your application. Processing times for work permit applications can vary, but typically take several months.

It’s important to note that the specific requirements and process for obtaining a work permit can vary based on individual circumstances and immigration status. It’s advisable to consult with a qualified immigration attorney to determine your eligibility for a work permit and the specific requirements for your case.

Illegal immigration to the United States can have serious consequences for individuals and their families.

• Removal proceedings: If you are in the U.S. without legal status, you may be subject to removal proceedings and removal (deportation) from the country.
• Inadmissibility: If you are removed from the U.S., you may be barred from returning for a period of time and may face difficulties obtaining a visa or green card in the future.
• Criminal penalties: Certain acts, such as entering the U.S. without inspection or using false documents, are considered federal crimes and can result in fines, imprisonment, or both.
• Lack of legal protections: As an unauthorized immigrant, you may be vulnerable to exploitation and abuse in the workplace or other areas and may lack access to basic legal protections and rights.
• Family separation: Illegal immigration can result in family separation, with individuals being removed from their families and communities.

It’s important to note that immigration laws are complex and constantly changing, and the specific consequences of illegal immigration can vary based on individual circumstances. It’s advisable to consult with a qualified immigration attorney to determine your options and the best course of action for your case.

Extraordinary ability is a term used in immigration law to describe individuals with exceptional abilities in their field of expertise. To qualify as an individual with extraordinary ability in the United States, an individual must demonstrate sustained national or international acclaim and recognition in their field, and show that their achievements have been recognized as being significantly above that normally encountered in their field. Examples of fields in which individuals can demonstrate extraordinary ability include the arts, sciences, education, business, and athletics. To prove extraordinary ability, an individual may need to provide evidence such as awards and prizes, membership in professional associations, published articles about their work, and testimonials from experts in their field. It’s important to note that the requirements for demonstrating extraordinary ability can be very high, and the standard for evidence can be rigorous. It’s advisable to consult with a qualified immigration attorney to determine your eligibility for an extraordinary ability visa and the specific requirements for your case.

Yes, if you are applying for a U.S. visa based on your extraordinary ability, you will need to provide evidence of your exceptional abilities and achievements. The specific evidence required will depend on the field in which you are demonstrating extraordinary ability, as well as the visa category for which you are applying. Typically, you will need to provide a combination of documents and materials to support your claim of extraordinary ability, such as awards and prizes, published articles about your work, membership associations in the field which demand outstanding achievement, a critical role or leadership with a distinguished organization, and testimonials from experts in your field. It’s important to note that the standard of evidence for demonstrating extraordinary ability can be high, and the process of gathering and presenting the required evidence can be complex. It’s advisable to consult with a qualified immigration attorney to ensure that you have a complete and well-documented application.

The path to citizenship in the United States typically involves the following steps:

• Legal immigration status: To become a U.S. citizen, you must first have a legal immigration status, such as a green card.
• Residency requirements: You must have lived in the U.S. as a lawful permanent resident (green card holder) for at least five years (three years if you obtained your green card through marriage to a U.S. citizen) and must have physically resided in the U.S. for at least half of that time.
• Good moral character: You must demonstrate good moral character, meaning that you have not been convicted of certain crimes or engaged in certain types of conduct that would make you ineligible for citizenship.
• English and Civics Test: You must pass a test of your knowledge of English and U.S. history and government (civics).
• Oath of Allegiance: If you meet all the requirements, you will take the Oath of Allegiance, which is a formal statement of loyalty to the U.S., and become a U.S. citizen.

It’s important to note that the requirements for becoming a U.S. citizen can vary based on individual circumstances, and the process can be complex. It’s advisable to consult with a qualified immigration attorney to determine your eligibility for citizenship and the specific requirements for your case.

Yes, an immigration attorney can represent you in court. An immigration attorney is a lawyer who specializes in immigration law and can assist with various immigration-related matters, including representing clients in immigration court proceedings. However, representation in court is not guaranteed and the attorney may advise you to appear without representation, depending on your case and the circumstances.

No, you do not necessarily need to hire an immigration attorney to get a visa. You can apply for a visa on your own, but having an immigration attorney assist you with the process may increase your chances of success and help ensure that your application is properly prepared and submitted. An immigration attorney can provide valuable guidance and support throughout the visa application process, represent you in any legal proceedings, and advocate on your behalf if there are any issues with your application. However, the final decision on whether to hire an immigration attorney is a personal one and depends on your individual circumstances and needs.

An immigration attorney is a licensed lawyer who has gone through the legal education and training process and is authorized to provide legal advice and representation to clients. They can represent clients in immigration court, assist with the preparation and filing of immigration applications, and provide guidance on immigration law. An immigration consultant, on the other hand, is an individual or organization that provides information and assistance with immigration procedures, but does not have the legal authority to practice law. They may have expertise in immigration, but they cannot provide legal advice or represent clients in court. It is important to note that not all immigration consultants are authorized or regulated by the government, and some may provide inaccurate or misleading information. In summary, an immigration attorney has the legal training and authority to provide legal representation and advice, while an immigration consultant may provide guidance and assistance but does not have the same level of legal authority.

Immigration attorneys can help with a wide range of immigration-related issues, including but not limited to:

• Preparation and filing of immigration applications, such as visas, green cards, citizenship, and asylum.
• Representation in immigration court proceedings.
• Removal (deportation) defense
• Waivers of inadmissibility and grounds of deportability.
• Assistance with consular processing.
• Challenges to U.S. Citizenship and Immigration Services (USCIS) decisions
• Adjustment of status.
• Naturalization and citizenship issue.s
• Defending against immigration fraud and scams.
• Navigating the complex immigration laws and regulations.

Overall, immigration attorneys are equipped to provide guidance, advice, and representation for a wide range of immigration issues, and can be a valuable resource for individuals and families facing immigration challenges.

Yes, BluVisa can help you with getting a work visa. We can provide guidance on the eligibility requirements and application process, help with completing and filing the necessary forms and documents, and represent you in any communications with immigration authorities. However, keep in mind that the specific assistance and outcomes may vary depending on your individual circumstances.

Yes, BluVisa can refer you to a trusted attorney in South Florida. We can put you in contact with a local attorney within our network who specializes in deportation matters to represent you in court, provide legal advice and guidance on your options and rights, help you prepare and present your case, and negotiate with immigration authorities on your behalf. 

Yes, BluVisa can help you if your visa gets denied. We can provide legal advice and guidance on your options, review the reasons for the denial and identify any potential avenues for appeal or re-application, and assist you in submitting a new application or appealing the decision, if appropriate. Hiring an experienced immigration attorney can increase your chances of successfully overcoming a visa denial. However, the specific level of assistance and outcome will depend on the attorney and the specifics of your individual case.

Yes, BluVisa can help you obtain a green card. We can provide legal advice, help you understand the eligibility requirements and guide you through the process of submitting a green card application. However, it is important to note that the attorney cannot guarantee approval of the application and the ultimate decision lies with the United States Citizenship and Immigration Services (USCIS).