Immigration FAQ

You are not eligible to obtain a green card through a U.S. employer unless you are covered under INA § 245(i). See the above explanation about benefits under this law.

Yes. For example, the commission of certain crimes may render you deportable. An immigration judge will make this determination. Many individuals who are incarcerated following convictions are then turned over to U.S. Immigration and Customs Enforcement under an “immigration hold.” They are then held under the custody of ICE until they can request bond from an immigration judge. Whether granted bond or not, they will face proceedings and a judge will determine whether they can keep their green card status or whether they will lose their status and be deported.

No. The minimum investment necessary to obtain a green card is $500,000.00. However, you may be eligible to apply for an E visa. While this is a temporary work visa, it may be renewed indefinitely.

You will most likely have to leave the country in order to apply for this visa. Note that once you have been in the U.S. for more than one year without legal status, departure from the U.S. will result in a penalty known as the ten-year bar by which you will not be permitted to reenter the U.S. for ten years unless a waiver is granted.

Yes. You are covered under INA § 245(i). Depending on your educational background and qualifications, you may need to first file a PERM application followed by a petition and green card application. See the above explanation of this process.

No. You are not eligible to receive a green card due to the fact that you entered illegally. USCIS will deny your application and refer you to immigration court. You are eligible to consular process, the process by which you leave the country and apply for a permanent visa through a U.S. consulate abroad. Note that if you depart the U.S., you will be subject to the ten-year bar.

f you are placed into removal court proceedings, you will be eligible to apply for Non-Legal Permanent Resident Cancellation of Removal. You may not apply for this form of relief unless you are in court proceedings.

You are eligible to obtain a green card because your sister’s petition renders you protected under INA § 245(i). However, you cannot use this petition at this time because the priority date is not current. Your child may petition you when she turns 21. You will not have to wait for this priority date to become current, and you will be able to file your petition and green card application at the same time.