Some Common Immigration Questions and Answers

  1. What are the various avenues to obtain lawful permanent residency (PR) in the United States?

    Two of the most common methods to obtain PR are through immediate family members who are already citizens or PRs, or through employment. The L-1 category may apply in certain circumstances. (see attached articles) Additionally, you may obtain PR through investment, asylum, diversity and legalization programs. The facts of each individual case vary and every case needs to be researched specifically and treated differently to assist the alien.

    For more information, see these articles:

  2. What are the basic requirements for obtaining PR through employment? What are the time frames involved?

    It is recommended that you have at least a bachelor’s degree or equivalent in order to obtain PR through employment. The first stage is to obtain your work visa (H-1; see attached articles); this can take up to ninety days. The second stage is applying for labor certification – here the time frames vary from state to state. The "Green Card" application is filed with the INS once Labor Certification is granted. The process of Labor Certification can take as little as six months in one state and up to three years in another. Check out the time frames in your state. Beware of practitioners who do not give you realistic time frames for these procedures. Also, beware of practitioners who talk only about Labor Certification or the "Green Card" without discussing the Work Visa process if applicable, and then surprise you with a bill for the Work Visa.

    For more information, see these articles:

  3. Can a "Visa Consultant" help with my paperwork?

    There are some non-profit agencies which are very good at certain kinds of immigration work, such as asylum cases. However, there are many "Visa" or "Immigration Consultants" who charge substantial sums for standard procedures – in many cases charging much more than an attorney. Check out the prices and the promises! Also, remember that an immigration attorney is familiar with the law and the procedure. The attorney or an accredited representative is the only one permitted to represent you in immigration court – the unregistered visa consultant is not. Some consultants are especially known for getting aliens to file baseless asylum claims to make a quick profit. Such "consultants" then leave their clients with no support when the INS questions and, in most instances, denies the application.

  4. Can an attorney or consultant "reserve" or "buy-up" a quota of Green Cards?

    Absolutely not! The Green Card is not for sale. No one has a "quota" of Green Cards. PR can only be obtained through the applicable legal procedures. If you are offered a Green Card for sale, be advised – it is a forgery, it is bogus, and it has been obtained through improper and probably illegal means.

    For more information, see these articles:

  5. What is "Practical Training?" How do I take advantage of this provision of the Immigration Law?

    "Practical Training" is work authorization issued by the INS, through the International Student Advisor at the foreign student’s university. There are two kinds of Practical Training: Pre-Completion- which is taken prior to completing the course of studies, and Post Completion – which may be taken only after graduation or completion of all course work in certain cases. The International Student Advisor will issue the necessary approval on form I-20 for both Pre- and Post-Completion practical training. The student then applies to the INS and is issued an "Employment Authorization Document", or "EAD", on form I-688. Co-Curricular, or Co-Op Practical Training may also be available.

    For more information, see this article:

  6. I have heard about "exceptional" or "extraordinary" categories. What are those?

    These categories, if an applicant is qualified, permit the applicant to apply for an immigrant visa directly to the INS, without first obtaining Department of Labor certification. Therefore, if you think you are qualified, this is an option you should certainly investigate.

    For more information, see this article:

  7. I have heard a lot about the "New Law" passed in 1996. What is this new law? How does it affect me?

    It would take a book to discuss the recent changes in the Immigration and Nationality Act. However, the "New Law", titled the "Illegal Immigrant Reform and Immigrant Responsibility Act" (IIRIRA), 1996 has several provisions that all non-immigrants, intending immigrants and permanent residents should know about. These include severe penalties for overstaying a non-immigrant visa and "entering without inspection", summary exclusion and removal (formerly deportation), and a termination of the INA Section 245(i) adjustment of status provisions as of September 30, 1997. Under INA 245 (i), an out-of-status alien could obtain a green card without having to leave the USA by filing an application and paying a penalty (currently $ 1,000.00) to the INS. Unfortunately, this feature of the law will expire on September 30, 1997. There are also enhanced financial support requirements for sponsors of immigrants. Finally, the INS takes one more literal "shot" at intending immigrants thorough the CDC (Centers for Disease Control, Atlanta) mandate of increased inoculations (vaccinations) for certain diseases (hepatitis "b", for instance).

    For more information, see this article:

  8. Why should I use an immigration lawyer? Can’t I do my applications myself?

    Your decision to use an immigration attorney is solely your own choice. However, remember that a lawyer who devotes substantial time to an immigration practice is more likely to know the procedures, strategies and problem areas for your particular case. Immigration law is constantly changing. Immigration is not simply "filling a form" – there are detailed legal and factual issues that make every case a unique challenge.