Frequently Asked U.S. Immigration and Visa Law Questions (FAQs)

Family-Based Immigration

1. Q: How can a US citizen sponsor their foreign spouse for immigration to the US? A: US citizens can sponsor their foreign spouse for a marriage-based green card through the marriage-based immigration process. This involves filing a Petition for Alien Relative (Form I-130) and applying for an immigrant visa or adjustment of status.
2. Q: What is the process for bringing a fiancé(e) to the US for marriage? A: The process involves filing a Petition for Alien Fiancé(e) (Form I-129F) and obtaining a K-1 fiancé(e) visa. Once the fiancé(e) enters the US, you have 90 days to get married and file for adjustment of status.
3. Q: Can I adopt a child from another country? A: Yes, intercountry adoption is possible, but it involves a complex legal process. It is important to work with an experienced immigration attorney who can guide you through the specific requirements and procedures.

Business-Based Immigration

1. Q: What is the E2 visa and how can it help investors? A: The E2 visa is a non-immigrant visa that allows foreign investors from certain treaty countries to invest in and manage a business in the US. It provides a pathway for individuals to establish and operate a business in the US.
2. Q: What are the eligibility criteria for the L-1A visa for intracompany transferees? A: The L-1A visa is available to executives or managers of multinational companies who are being transferred to a US branch, subsidiary, or affiliate of the same company. The applicant must have worked for the company for at least one year in the past three years.

General Immigration Matters

1. Q: How long does it take to process an immigration application? A: Processing times vary depending on the type of application and various factors. It is important to note that immigration processes can take several months to years. Your attorney will provide an estimate based on the current processing times and your specific case.
2. Q: What are the consequences of overstaying a visa in the US? A: Overstaying a visa can have serious consequences, including accruing unlawful presence, being subject to deportation, and being barred from reentering the US for a certain period of time. It is essential to consult with an attorney if you have overstayed your visa.
3. Q: Can I work in the US while my immigration application is pending? A: It depends on the type of visa or application you have filed. Some applications allow for employment authorization while others do not. Your attorney will advise you on the specific work permissions based on your case.​

Temporary Nonimmigrant Waivers for CIMT Convictions

1. Q: Can I obtain a temporary nonimmigrant waiver if I have a CIMT conviction? A: In some cases, individuals with CIMT convictions may be eligible for a temporary nonimmigrant waiver. The waiver, known as a "212(d)(3)" waiver, allows individuals to overcome the inadmissibility grounds associated with certain CIMT convictions and be granted a nonimmigrant visa.
2. Q: What factors are considered when evaluating a CIMT waiver application? A: When assessing a CIMT waiver application, the US immigration authorities consider factors such as the nature and severity of the crime, the time elapsed since the conviction, rehabilitation efforts, the applicant's immigration and criminal history, and the purpose of the intended visit to the US.
3. Q: How do I apply for a CIMT waiver? A: The application process for a CIMT waiver typically involves submitting a comprehensive package to the appropriate US embassy or consulate. The package should include a detailed explanation of the conviction, evidence of rehabilitation, supporting documents, and any other relevant information requested by the consulate.