Green Card Attorney Washington, DC: Frequently Asked Questions

Washington, DC Immigration Law Firm

The immigration process can be difficult to understand for both immigrants and U.S. citizens alike. With the help of the Patel Law Group on your side, the process may prove to be less confusing and stressful. We have taken the time to answer some of the general questions that we get most frequently here at our law firm to help you better understand immigration matters here in the U.S. Please read through what we have prepared, and if you have any questions, please contact our law firm by calling (888) 223-8176 today.

On This Page: 

Q: What are the main cases that you deal with? 
Q: What is the main difference between naturalization and citizenship? 
Q: How do I complete the naturalization process? 
Q: What is meant by the green card lottery? 
Q: What happens if I am denied a green card? 
Q: What is a green card? 
Q: Does getting a green card make me a citizen? 
Q: What is the difference between an immigrant visa and a non-immigrant visa? 
Q: Can I extend my visa? 
Q: Can I get a visa for my relatives? 
Q: What is the H-1B cap? 
Q: Can I get family visas on the basis of a same-sex marriage?

At Patel Law Group, we manage a variety of different types of legal claims. The main ones we handle are:

• Cases Involving Immigration: Providing assistance throughout the immigration journey, ensuring compliance with U.S. laws.
• Cases Involving Visas: Navigating complex visa requirements and application processes.
• Visa Filing Applications: Guiding clients through necessary paperwork for successful visa applications.
• Getting Fiancé Visas: Assisting in bringing loved ones to the U.S. through family-based petitions.
• Citizenship Issues: Supporting legal pathways to achieving U.S. citizenship.
• Employment-Based Visas: Procedures for obtaining work-related visas based on employment.

Other areas include handling appeals for denied applications and addressing changes in immigration policy to ensure compliance.

If you are an immigrant in the United States, you will need to go through the process of obtaining citizenship. This process is called naturalization. After you are done with the formalities, you will be able to get permanent citizenship in the country. However, you may find that the two terms are used interchangeably.

To further clarify, naturalization is the legal process through which a non-U.S. citizen voluntarily becomes an American citizen. This involves meeting certain requirements, such as residency duration, English proficiency, and knowledge of U.S. government and history. Once naturalization is completed, the individual enjoys the same rights and responsibilities as a person born in the U.S., including voting and holding certain public offices.

The following steps are a part of the naturalization process:

• Submit an application form.
• Complete the interview on the scheduled date.
• Pass the citizenship test that is arranged.
• Take the oath of allegiance.

There may be some minor steps in between, and the details of the steps can differ. However, this is the general guideline of the naturalization process.

Additionally, applicants must demonstrate good moral character, which involves not having any disqualifying criminal history during the qualifying period. The process varies slightly based on individual circumstances, such as military service, which can accelerate the timeline for naturalization. Consulting with a professional can ensure all requirements are thoroughly met.

Established by the diversity immigrant visa program, the Green Card Lottery refers to the process when the U.S. government issues 50,000 green cards annually based upon a lottery. This is a process that issues green cards randomly, with everyone having an equal chance of receiving a green card. The people who are selected in the lottery gain access to stay in the U.S. permanently and work here. Those who win the Green Card Lottery have the privilege extended to their immediate family members as well.

The lottery aims to diversify the immigrant population in the United States by selecting applicants from countries with historically low immigration rates to the U.S. Eligible participants should meet specific education or work experience qualifications. The application process is time-sensitive, and it's crucial to apply within the designated period to be considered for the selection. Once selected, winners must still undergo the standard immigration procedures, including background checks and medical examinations.

If you have been denied a green card, you can seek assistance from our immigration lawyers. You can file a new application or send an appeal for reconsideration of your applications. Sometimes, you may have to sit for the card interview again as well.

Legal counsel can help identify the causes of denial—such as errors in the application, missing documentation, or issues discovered during the background check—and advise on the best course of action. In certain cases, a waiver may be applicable to overcome grounds of inadmissibility. Engaging with legal professionals can significantly enhance the chances of success in subsequent applications or appeals.

A "green card" is the document that shows you have become a legal resident of the U.S.A., with the right to live and work in the country permanently, and eventually seek U.S. citizenship, should you choose to do so.

Obtaining a green card can occur through various channels such as family-based visas, employment-based visas, or as a refugee or asylee adjusting status. Each path requires fulfilling specific eligibility criteria, which can include sponsorship from a family member or employer, winning the diversity visa lottery, or seeking protection from your home country's conditions. Understanding the requirements and timelines specific to each category can aid in the successful acquisition of permanent residency.

A green card does not make you a citizen, but after living and working in the U.S.A. for 5 years, you gain the right to apply for U.S. citizenship. Those who first had conditional status and then gained permanent resident status have the right to apply for U.S. citizenship 5 years from the time that conditional status was approved.

Unlike citizenship, a green card holder retains their original citizenship and nationality but enjoys the legal right to reside and work in the U.S. indefinitely. Green card holders must maintain their residency by avoiding prolonged absences from the U.S., paying taxes, and adhering to U.S. laws. Failing to do so can result in loss of green card status and deportation. Those who meet the criteria can apply for naturalization to become a U.S. citizen.

There are different types of situations that bring people into the U.S.A. When a person is coming to the U.S.A. with the goal of living here permanently, this person will require an immigrant visa. A non-immigrant visa is issued to those who live outside the U.S.A. who are coming to the country temporarily, whether for business, pleasure, to visit family, to work on a temporary basis, or as a student.

Immigrant visas are often part of a two-step process, where potential immigrants first obtain a visa and then adjust to permanent resident status upon arrival in the U.S. Non-immigrant visas, however, require adhering to specific conditions tailored to their short-term purposes, such as the duration of stay and limitations on work. Violating these terms can lead to visa revocation and future entry bans. Understanding the distinctions is vital for complying with U.S. immigration laws.

Yes, in many cases. In order to extend a visa, a request must be submitted to the USCIS. A Form I-539, an Application to Extend/Change Nonimmigrant Status, must be submitted, prior to your visa expiration date. If you stay beyond the time limits of your visa without filing this application, you could later be barred from entering the U.S. in the future. The process should be undertaken at least 45 days before your current visa expires.

It is crucial to provide a valid reason for the extension and evidence that you continue to meet the visa's original terms. Each extension process may vary depending on the visa category, requiring specific documentation or employer letters for work visas or proof of enrollment for student visas. Keeping thorough documentation and maintaining compliance throughout your stay helps ensure a smoother extension process.

Certain relatives will be eligible to get a visa, based upon your particular legal status. As a citizen, you can petition for your spouse, unmarried children under 21, sons and daughters who are married or over 21, your parents and your siblings, as well as for your fiancé who lives in another country, as well as the children of your fiancé. The spouse and children are eligible for a green card allowing for permanent residency as the right to live and work in the country.

Green card holders can petition for certain family members as well, including the spouse, unmarried children under 21, and an unmarried son or daughter of any age. To gain legal status as a permanent resident for these family members, a Petition for Alien Relative must be filed. There are "preference categories" that give priority to certain family members. If your relative is already present in the U.S.A., you can seek an adjustment of the current status. A visa petition can be filed to determine if you have a qualified relationship with this relative, which then places that person in line for the processing of a visa. All of these issues are best managed by a highly qualified immigration lawyer who can help you move the process forward more quickly and help you to avoid critical errors that could delay a visa application.

It's important to note that family preference visas have annual caps, and wait times vary significantly by country and category. Petitioners must provide comprehensive evidence of familial relationship and financial capability to support their relatives in the U.S. Understanding the timelines and procedural requirements can help in planning for family reunification under U.S. immigration laws.

The H-1B cap is the limit set by the federal government on the number of H-1B visas issued each year. These visas are granted to those who have a B.A. in the field of a specific job offer, or a related field, and allows for temporary employment of up to 6 years. Currently, the H-1B cap is set at 65,000 visas per year.

Additionally, the first 20,000 petitions filed on behalf of employees with a U.S. master's degree or higher are exempt from the cap. Moreover, certain employers, such as higher education institutions and nonprofit research organizations, are not subject to the H-1B cap. It's essential to file petitions as early as possible when the filing period opens due to high demand exceeding the cap most years, often requiring a lottery system to allocate the visas fairly.

• Related: H-1B Cap Exempt

A recent Supreme Court decision that struck down the DOMA (Defense of Marriage Act) has had an impact on same-sex couples with regard to their rights, including immigrating to the U.S.A. U.S. embassies and consulates can no longer treat a same-sex couple any differently than any other couple seeking legal status in the U.S.A., including in the right to seek a family visa. A same-sex spouse of a person applying for a visa to live or work, engage in studies, as an international exchange student, or as a legal immigrant is now eligible to get a derivative visa. Stepchildren can also qualify for a visa. In order to qualify, your marriage must be legal in the foreign country (or U.S. state) in which it was performed. Currently, only legal marriages allow for derivative visas for spouses and children, and civil union or domestic partnerships do not qualify. Same-sex couples who intend to marry also now have the right to apply for a fiancé visa.

Furthermore, securing a family visa often involves substantial documentation demonstrating the legitimacy of the marriage and compliance with U.S. immigration requirements. These partnerships are considered equivalent under the law, giving access to spousal benefits such as work authorization and access to education. It's important for applicants to adhere strictly to any additional documentation requirements the U.S. may impose based on the individual circumstances of their case.

Washington, DC, being a central hub for political and policy-driven decisions in the United States, plays a significant role in shaping the nation's immigration framework. For many residents, understanding the evolving nuances of immigration laws, especially regarding green cards, is crucial. The Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) have regional offices within Washington, DC, ensuring that residents have direct access to pivotal resources and support in navigating immigration processes. The city's diverse community offers robust support networks comprising various immigrant advocacy groups and community resources dedicated to assisting individuals and families throughout their immigration journey.

In Washington, DC, local regulations and community resources offer valuable support to immigrants. Community centers often host informational sessions explaining changes in immigration laws and procedures. Access to bilingual legal counsel can also assist non-English speakers in better understanding their rights and opportunities. Further, local educational institutions frequently collaborate with stakeholders to provide pathways that support immigrant families, offering educational and vocational training to smooth the transition into U.S. society. Emphasizing localization in immigration services gives Washington, DC residents a distinct advantage in navigating the system efficiently.

Choosing the right legal assistance is a critical step in the journey to obtaining a green card in Washington, DC. Residents benefit from a myriad of legal professionals who guide clients through complex immigration procedures, offering personalized strategies tailored to each unique situation. A reputable green card attorney in Washington, DC, will not only be well-versed in federal immigration law but also understand the local nuances and court systems that may impact the process.

One of the key factors when selecting an attorney is their ability to offer clear and transparent communication. It’s important that clients feel informed throughout every stage of the process. This includes initial consultations where attorneys outline potential pathways to green card status and the anticipated timeline for each. Furthermore, trusted attorneys prioritize staying updated with any changes in immigration policy that might affect their clients, providing reassurance and confidence in their legal proceedings. The Patel Law Group team exemplifies these qualities with an unwavering commitment to client-focused advocacy.