Frequently Asked Questions
Immigration
- How long does it take to get a visitor's visa?
- What happens if I overstay my visas, the period of time authorized on my I-94?
- Can I come back to the U.S. if I overstayed my visa and incurred the 3 or 10-year bar?
- How can I become a permanent resident?
- How long does it take to obtain my permanent residence from the time of application?
- How do I maintain my permanent resident status if I leave the country for a length of time?
- How do I become a citizen of the U.S.?
- How does my moral character affect my eligibility for naturalization?
- If I have a criminal record can I apply for Lawful Permanent Residence (LPR) or Naturalization (NATZ)?
Litigation
- What is a complaint?
- What is an answer and counterclaim?
- What is discovery?
- What is a motion for summary judgment?
- What is a hearing?
Immigration
The length of time varies by a number of factors such as the country you're traveling from and whether you have traveled before and have returned to your country of origin in the time authorized on your visitor's card (your I-94) at the time of entry. The consular officials look at these factors to decipher whether you have non-immigrant intent, that is whether you intend to remain in the U.S. temporarily, or whether you intend to abandon residency in your country. Depending on your circumstances, the wait time for your visa could vary from under a month to up to six months.
If you arrived in the U.S. after April 1, 1997 and unlawfully overstayed by more than 180 days but less than 1 year, you will be subject to a 3-year bar. If you unlawfully overstayed by 1 year or more, you will be subject to a 10-year bar. This means that even if you have approved visas and petitions, you will not be allowed to enter the U.S. for either 3 or 10 years (respectively) if you are subject to the bars. These are severe consequences so it is very important to avoid overstaying your authorized period of stay.
Certain circumstances may qualify you for a waiver of the 3 or 10-year bar. For example, the following are not considered unlawfully present in the U.S. for the purposes of either bar:
- Minors
- Persons with pending good faith asylum applications
- Certain battered spouses and children
- Non-citizens with pending applications for change
- Extension or adjustment of status
The party must not have worked illegally in the U.S. Also, U.S. Citizenship and Immigration Services (USCIS), the agency that processes applications, may in its discretion make an exception for a spouse or child of a citizen or lawful permanent resident. You must apply for the waiver along with your application for admission to see if you qualify.
There are five ways to achieve permanent resident status, although the two main ways are sponsorship by a family member or by an employer.
The first way is sponsorship by a family member. If you are the child or spouse of a U.S. citizen or permanent resident, that relative may file a petition for you. If you have a child who is a U.S. citizen and at least 21-years-old, or a brother or sister who is a citizen, that relative may also petition for you. The process could take several months to many years, depending on your relation to your relative citizen, your age and whether your relative is a citizen or permanent resident. It is important to know which category you fall into so you have an idea of the expected length of time. This could be a factor in making the decision in whether or not a family member is your best option.
The second main path to getting a green card is through an employer. An employer can petition for an extraordinary employee, an outstanding professor or researcher, a multinational executive or manager, a professional holding an advanced degree, or a person of exceptional ability. There are also some permanent visas available for certain types of skilled workers, professionals with basic degrees, ministers and religious workers.
The three other lesser-used options available for getting a green card are by making large investments in the U.S., applying for refugee and political asylum, and entering a diversity lottery.
The processing time for your permanent resident status varies by location. Depending on the U.S. Citizenship and Immigration Services (USCIS) office where the form is filed, it could take anywhere from six months up to a year.
If you leave the country for more than 6 months, you risk losing your permanent resident status, even if you return to the country in under 1 year. Under certain immigration laws, your continued resident status is presumed disrupted. You have the burden of proving continuous residency and this is a difficult burden to overcome. The best way to avoid this is to spend one day in the U.S. every six months to qualify to maintain your permanent resident status.
If you were not born in the U.S. nor are you able to derive citizenship from your parents, there are three main naturalization application paths available for citizenship.
The first main path is lawful permanent residency in the U.S. for five years prior to applying without leaving the country for 6 months or longer. Over 90% of applicants fall into this category.
The second path is if you are 18 years of age or older, currently married and living with the same U.S. citizen for 3 years, and if you lived 3 years as a permanent resident without leaving the U.S. for 6 months or more.
The third path for naturalization is based on service in the Armed Forces.
To be eligible for naturalization you must be a person of good moral character. Some of the things the U.S. Citizenship and Immigration Services (USCIS) may consider in assessing your moral character as a part of your naturalization application are your criminal record and your candor during your USCIS interview.
You should report all offenses that have been committed, including any that have been expunged, on your naturalization application. If you do not report even minor offenses and the U.S. Citizenship and Immigration Services (USCIS) find out about them, you may be denied naturalization, even if the original offense was not a bar to naturalization.
You do not need to report traffic incidents if the only penalty was a fine of less than $500 and/or points on your license. However, traffic offenses involving alcohol, drugs, or an actual arrest need to be reported.
You are permanently barred from naturalization if you have been convicted of murder at any time, or of any other aggravated felony on or after November 20, 1990.
Litigation
This is the first document filed in the litigation process of a civil case. It tells the defendant, or the “answering party,” the basis of the plaintiff's claim. It gives notice of what the dispute is about to the various parties and to the court. The complaint must be properly served for a court to succeed in having jurisdiction over a case and a defendant. Improper service is grounds for dismissal of a complaint.
Once a complaint is properly served, the defendant must take some action within 20 days of service. This action may be the filing of a motion to dismiss, or to strike, or for a more definite statement, or may be an answer. An answer admits or denies each of the plaintiff's allegations in the complaint and sets out affirmative defenses that the defendant may have. The defendant may also include counterclaims in the answer, which sets out the defendant's claims against the plaintiff. The counterclaim is the defendant's complaint against the plaintiff and must meet the same requirements as a complaint.
Discovery is a step of the litigation process usually done after the complaint and answer have been filed. This process is designed to inform all parties of all evidence that may be presented at trial. There are five main discovery tools for obtaining information or evidence: request for admissions, request for production of documents, request for written interrogatories, depositions, and subpoenas. In most cases, the opposing side will object or fail to provide the requested information. When the other side fails to comply with a discovery request, the three enforcement tools usually used are motions to compel discovery, motions for an order to show cause, and motions for contempt.
After discovery either party may make a motion for summary judgment. This means that the party making the motion believes that there are no genuine issues of fact; therefore judgment should be decided in their favor. At that point, the judge can grant judgment in either party's favor. If the judge grants summary judgment, the case is resolved. If summary judgment is not granted, this means that there are issues of fact for a jury to decide and the case proceeds to trial.
Either party in a lawsuit may file various motions at various times during the litigation process. Some of the most common motions are motions to dismiss and motions for summary judgment. When a party files a motion, they have to set it for hearing. At the hearing, the judge decides the motion after each party presents its side. At this time the judge will issue an order granting or denying the motion.