FAQs

Partners Bios

FAQs

FREQUENTLY ASKED QUESTIONS

IMMIGRATION
How can I find out how long my case will take to process?
If you have your receipt notice, you can get the status of your case at theU.S, Citizenship and Immigration Services (USCIS) website.

How can I become a permanent resident (“green card” holder) of the United States?
Except in extraordinary circumstances, you must have either an U.S. citizen family member (e.g. spouse) or an employer who is willing to sponsor you. For family-based immigration cases, because of the number of visas allotted each year in the various categories, it takes much less time to obtain permanent residency through a spouse than, say, a sibling. While even a spouse-sponsored petition may take one to three years, special visas now allow a spouse to be joined with the petitioner in the United States while the application is pending. K visas are also available for fiancé/es to come to the United States to marry.

For immigration based on employment (a permanent job offer), typically a labor certification application must first be filed with the Department of Labor in the state in which the employment will take place. The is a long process which can take two to three years, in which the job market must be tested in order to ensure that there are no U.S. citizen workers who can fill the position. The more unique and specialized the skills, then the more likely it is to be successful and the less time it will take. For someone with few specialized skills and/or experience, for instance a maid who is not to be in a supervisory capacity over other employees, most law firms will not file labor certifications at all in that situation.

Once the labor certification is approved, the employee can then file an I-140 Immigrant Petition and finally an I-485 application for Adjustment of Status from Non-Immigrant to Immigrant. This process may also take several years from start to finish. For an employee with a bachelor’s degree or post-baccalaureate degree, who is seeking to work in a job that requires such a degree in that field of study, then the situation may be favorable. First, the employee can apply for an H-1B visa, which can be valid for up to 6 years. During that time the employer may choose to sponsor the employee through the labor certification and permanent residency petition process. For this to be successful, it is important that the field be one in which there is a shortage of U.S. workers.

How can I work in the United States?
In most cases, you must apply for work authorization from the Immigration and Naturalization Service. L-1, E-1, E-2, H-1B, and H-2B visa holders are entitled to work for the sponsoring employer without obtaining separate work authorization.You may apply for employment authorization if you are an F-1 student, a J-2 dependent or an applicant for permanent residence with an I-485 application pending at INS. In addition, President Bush recently (January 2002) signed into law a bill that provides work authorization (upon application) for spouses of intracompany transferees (L visa holders) and treaty trader/investors (E visa holders). To apply for work authorization, you must complete Form I-765 and submit it to the either the local or regional office of the INS, depending on the circumstances of your visa application. You must also bring with you a copy of your I-485 receipt notice if you have an I-485 application pending, a copy of your J-2 visa stamp and the IAP 66 of your spouse, your L-2 or E-3 visa stamp, or a copy of the I-130/I-485 receipt notice, whichever is applicable. You must also bring your valid passport, I-94, and documentation showing your current immigration status (approval notices). The cost is $120.00 (bank check or money order), and while it used to take a short time to receive the Employment Authorization Document (EAD- a card that looks like a credit card), it is now taking approximately two months for applications submitted to Providence.

How Do I Obtain a Re-Entry Permit?
The current processing time is at least 6 to 8 weeks and you must apply for the re-entry permit prior to your departure. There is only one office in the U.S. that issues the Re-Entry Permit. It is the U.S. Immigration and Naturalization Service’s regional service center in Lincoln, Nebraska. In order to apply for the Re-Entry Permit, you will need to submit:

The I-131 form;
A filing fee of $95.00;
Two photographs which conform to INS specifications;
A photocopy of the front and back of your “Green Card”
Photocopies of the “biographical” sheets in your passport (photograph, name and place of birth, expiration date);
A letter or document evidencing the need for extended travel. For example, if the travel is business related, you should submit a written statement from your company explaining the terms and length of the assignment (such as an “offer letter”). If the travel is personal or family related, some corroborating evidence, such as a letter from an attending physician, is advisable.

These documents should be sent, via Express Mail, to:
Immigration and Naturalization Service
Nebraska Service Center
850 S Street
Lincoln, NE 68501

Please remember to give a reliable residential return address, since the Immigration and Naturalization Service will not “forward” mail to another location. Please do not use a “P.O. Box” for the return address. Also, on the envelope to the INS, please write, in large letters, “Form I-131 (Re-entry Permit).” This will expedite processing.

How long do I need to live here as a permanent resident before I can become a citizen?
If your original petition for permanent residency was acquired through an employment-based petition, you are eligible to apply for Naturalization (U.S. citizenship) 5 years after your I-485 is approved. If you obtained your green card through a family-based petition (for example, through marriage to a U.S. citizen), then you may apply for Naturalization 3 years after your I-485 approval. There are additional eligibility requirements, and if you are interested, you should consult the INS web site at www.ins.gov. Note that if you have an I-751 (Petition to Remove Conditions on Residence) pending, you may still apply for naturalization.

How long will my case take to process?
The standard notice of the INS is “because of shifting priorities, workload adjustments, available resources, and a host of other reasons, the Processing Time reflected on your Receipt Notice for any given Application/Petition type may not match the Date of Cases Pending Initial Adjudication.” The amount of time it takes for the INS to process your case varies according to type of application or petition and which Service Center, District, or Suboffice is processing the case. We will try to give you an idea of current processing times when we work with you on your applications. If it is beyond the period of time which we originally told you, then feel free to call our office for updates we may have from the processing offices. For some types of employment-based petittions, including H-1B petitions, the INS has initiated premium processing, which, upon payment of an additional fee of $1,000.00 to the INS, in which the initial processing will occur within 30 days of the receipt date. So far, all of the cases we have submitted with premium processing, which began in summer of 2001, have been adjudicated within two to three weeks.

Is there any other way, besides through a permanent job offer or marriage to a U.S. citizen for me to become a permanent resident?
The Department of State has a Diversity Immigrant Visa program, wherein each year up to 55,000 permanent resident immigrant visas (“green cards”) are available through a Diversity Visa lottery. However, the DV lottery is only available to citizens of countries that appear on the State Department’s list. More visas are allotted to regions of the world with lower rates of immigration. You may apply if you are in the United States or living abroad. Applications are accepted at the INS Center in Kentucky between October 1 and noon on October 31 of each year; however, given the tragic events of September 11, 2001, the Bureau of Consular Affairs is suggesting that you check their web site at http://travel.state.gov for dates to submit applications for this year’s lottery (DV-2004). The web site also contains more information on the application process in the “Visa Bulletin”. For those who applied for DV-2003 between October 1, 2001 and October 31, 2001, winners will be selected at random by computer from among all qualified entries received during that period. Successful registrants will be contacted by mail between May and June 2002. Only those selected will be notified by the Kentucky Consular Center. If you do not receive written notification by July 2002, then you were not selected for the DV-2003 lottery. Neither the Kentucky Center, National Visa Center nor U.S. embassies and consulates abroad will provide a list of successful registrants.

Once I Have a “Green Card,” How Can I Lose It?
There are two basic situations in which you may lose your Lawful Permanent Resident (“Green Card”) Status. The first is through a criminal conviction. In the event that you are involved in a criminal process, please contact our office immediately. The second, and far more common scenario, is through the abandonment of residence. While there is no “magic formula” for maintaining residence, the following is a list of factors which will be considered in abandonment cases:

Length of absence from the U.S.;
Purpose of departure from the U.S.;
Continuation of filing U.S. tax returns (very important);
Continuation of employment by a U.S. source;
Other ties with the U.S., such as driver’s license, bank accounts, credit cards, and other investments;
Location of close family members;
Maintenance of a U.S. address, (even if it is “care of” (“c/o”) a friend or family member;
Continued ownership of real estate in the U.S.; and,
The reason for your absence. For example, if travel is business related, a current written statement from the company explaining the terms and length of assignment will be useful evidence.

What is a Re-Entry Permit?
If you plan to be absent from the U.S. for six months or more, you may avoid the risk of abandoning your Lawful Permanent Resident Status by obtaining a Re-Entry Permit. The Re-Entry Permit is an official U.S. government-issued travel document. It enables the bearer to travel outside the United States for up to two years without jeopardizing his or her ability to maintain lawful permanent residence status. While obtaining a Re-Entry Permit is advisable if your absence will last for more than six months, it is absolutely necessary if your planned absence is for more than one year. If either of these situations is the case, please contact us immediately.

What rights to I have as a citizen that I do not have as a permanent resident?

1. The right to vote in national, state, county, and city elections.
2. The right not to be deported in the event that you are convicted of a crime involving moral turpitude or an aggravated felony.
3. The right to obtain and travel with a U.S. passport.
4. The right to re-enter the U.S. after a long absence without forfeiting your green card or sacrificing your ability to resume life in the U.S.
5. The right to receive government benefits such as unemployment insurance, Medicare, Medicaid, Welfare, food stamps, and other forms of assistance. If you do not obtain U.S. citizenship, you will have to wait for ten (10) years from the time you receive your green card approval in order to qualify for most benefits.
6. The right to sponsor other family members. It is impossible for you to sponsor certain family members if all you hold is a green card; other petitions are possible but subject to long processing queues when the sponsor holds only a green card, as opposed to U.S. citizenship.
7. The right to run for political office.
8. The right to gain a full government security clearance as a prerequisite to being assigned to certain government positions or projects involving government contracts.

Q: How do I file a civil case? Is there a charge?
A civil action is commenced by the filing of a complaint. Parties instituting a civil action in a district court are required to pay a filing fee pursuant to Title 28, U.S. Code, Section 1914. The current fee is $150. Complaints may be accompanied by an application to proceed in forma pauperis, meaning that the plaintiff is incapable of paying the filing fee.

Q: How do I file a criminal case?
Individuals do not file criminal charges in U.S. district courts. A criminal proceeding is initiated by the government, usually through the U.S. attorney's office in coordination with a law enforcement agency. Allegations of criminal behavior should be brought to local police, the FBI, or other appropriate law enforcement agency.

Q: How do I file for bankruptcy? Is there a charge?
A bankruptcy case is commenced by the filing of a petition. You must also file a statement of your assets and liabilities, and schedules listing your creditors. If you choose to file a bankruptcy petition without the assistance of an attorney, you can obtain the required forms at most stationery stores. There is a range of filing fees for bankruptcy cases, depending on the chapter of the bankruptcy code under which you file. Chapter 7, by far the most common form filed by individuals, involves an almost complete liquidation of the assets of the debtor, as well as a discharge of most debts. You must pay a fee of $200 to file a case under Chapter 7, which includes a $155 filing fee, a $30 miscellaneous fee, and a $15 trustee fee.