Immigration FAQs

Immigration is an extremely complex area of law, so you are bound to have questions. Below you’ll find some of the most frequently asked questions regarding immigration law, but remember that for advice on your specific case, it is best to speak with an experienced immigration lawyer in your area.

1. What is the law and agency that handles immigration to the United States?

The applicable law is called the Immigration and Nationality Act; court decisions interpreting this law also form the basis of immigration law in America. All immigration issues are handled by the Department of Homeland Security’s United States Citizenship & Immigration Services (USCIS).

2. What does USCIS consider when granting immigration status?

USCIS considers many different factors when determining whether an applicant’s immigration request should be granted. These include but are not limited to the following:

• Whether applicant has an immediate relative who is a lawful permanent resident or United States citizen;

• Whether applicant has a permanent employment opportunity in the United States, and, if so, whether it falls under one of the five eligible employment categories;

• Whether applicant is making a financial, capital investment, and if so, whether it meets certain thresholds and whether it creates or saves jobs; and

• Whether applicant qualifies as a refugee because of fear or actual persecution for race, religion, nationality, political view, or membership in a certain group in his or her country of origin.

3. How long does the immigration process take?

The answer to this question varies greatly depending on many factors specific to your case, but generally interviews should be scheduled within six to twelve months of application; after an interview, the process may still take several more months to complete.

4. What is the Diversity Lottery or Green Card Lottery Program?

The Diversity Lottery or Green Card Lottery Program awards green cards, i.e., the permission to live and work in the United States, to a maximum of 50,000 individuals each year. Those entering the lottery must come from specified countries with low immigration rates to America and must meet other criteria as well.

5. What is deportation?

Very generally, deportation proceedings may be initiated when an alien has violated either criminal or immigration laws; if an alien is deported, is is usually a permanent bar to returning to the United States.

6. Do I need an immigration lawyer?

Whether or not you need an immigration lawyer depends on your particular circumstances, including the complexity of your case. Note that applicable fees for immigration applications may be waived, so you might consider consulting with an immigration lawyer on this point if nothing else.