Immigration Law FAQs

Immigration Law FAQs

While I Have DACA, Can I Travel?

A DACA recipient is eligible for advance parole, which allows him/her to travel internationally. There are risks associated with international travel and the situation should be fully evaluated with an immigration attorney before you take a trip.

Will the Information that I Provide in My DACA Application be Used To Deport Me?

Information provided to USCIS in a DACA application is to be protected from disclosure to Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) for the purpose of immigration enforcement proceedings, unless the applicant poses a threat to national security or public safety. Individuals whose DACA applications are approved should not be referred to ICE.

What Type of Non-Immigrant Visa Do I Qualify For?

It depends on your reasons for visiting the United States. There are over 80 different types of non-immigrant visas and your unique situation will determine the best visa for you. There are visas for diplomats, government officials, visitors, airline and commercial sea vessel members, entrepreneurs, students, fashion models, college graduates, unskilled workers, fiancés, business executives, managers, athletes, entertainers, government witnesses and victims of a crime.

Depending on your visa category, your spouse and unmarried children under 21 years old, may qualify for derivative visas.

Why Would I be Denied a Non-Immigrant Visa?

This is a very broad question and the answer depends on the type of visa that you have applied for, the eligibility requirements and the evidence that you submitted to prove your case. Common reasons for a visa denial are insufficient evidence, criminal history or inability to meet the eligibility requirements.

How Long Does the Visa Process Take?

The non-immigrant visa process can take a few days to several months, while a few years is normal for immigrant visas. The U.S. government considers each application on a case-by-case basis. Processing times depend on the administration’s workload and whether the visa is immediately available.

What Types of Visas are Available if I want to Come to the U.S. for a Visit or Temporary Stay?

If you wish to visit the United States temporarily or be granted entry for a very specific period of time, you will need a non-immigrant visa. The purpose of your trip will determine which visa you should apply for. If you plan to take a vacation, or visit family and friends, a B-2 visa is appropriate. If you have business undertakings, a B-1 visa may be your best option. No visa is required for citizens of the 39 countries that are part of the Visa Waiver Program (VWP), if a single stay will be no longer than 90 days. Canadians and Bermudians are also allowed entry, without a visa, or up to 6 months.

What Type of Visa Should I get if I want to Become a Permanent U.S. Resident?

There are a number of visas available to foreign nationals wishing to permanently immigrate to the United States. A fiancée visa is available if to foreign nationals engaged to a U.S. citizens, and upon marriage, the foreign national will be eligible for a green card. Approved family petitions for relatives of U.S. citizens or lawful permanent residents can result permanent resident status for beneficiary foreign nationals. A work visa for individuals who have unique skills, which make them highly sought after in a particular field or industry, can also result in a green card.

How long will my green card remain valid?

Permanent residency, obtained through a green card, allows a foreign national to live in work in the United States on a potentially indefinite basis. When a green card is first issued it is often a temporary green card and is valid for two years. After the first two years, providing you have not been convicted of any criminal activity and have maintained your eligibility status, you can apply for a permanent residence visa which is valid for ten years.

I have received a deportation order, is there anything I can do to avoid being deported?

If you receive a deportation order or notification, the first thing you must do is contact a knowledgeable immigration attorney at our firm, who will work with you closely to build your
deportation defense. You need an attorney who understands and is skilled in all aspects of immigration law. Our attorneys are committed to providing you with the honest, aggressive representation you need.

If you are dealing with any of these legal issues, call 561-507-5772, Email: [email protected], or contact us via or contact form.

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