Frequently Asked Questions
Have questions about U.S. immigration law?
This page covers frequently asked questions about visa categories, green cards, naturalization, case timelines, and how our Houston-based immigration law firm works with clients locally and remotely.
Frequently Asked Questions (F.A.Q.)
Family Citizenship
U.S. citizens can sponsor spouses, children, parents, and siblings. Green card holders can sponsor spouses and unmarried children.
Processing times vary by relationship and visa category. Immediate relatives of U.S. citizens usually have shorter waits than those in preference categories.
Generally, you file Form I-130 (Petition for Alien Relative). Once approved, your relative either applies via consular processing abroad or submits an I-485 (Adjustment of Status) if already in the U.S. and eligible.
Not automatically. You need a valid nonimmigrant status or eligibility for Adjustment of Status. Just filing an I-130 doesn’t grant legal stay.
No. Only U.S. citizens 21 or older can sponsor their parents.
Expedited processing is rare and typically granted for humanitarian concerns, severe financial loss, or urgent medical needs.
The petition may be upgraded to the immediate relative category if you’re a spouse or minor child, potentially speeding up processing.
A K-1 is for a fiancé(e) of a U.S. citizen to enter and marry within 90 days. A spousal green card is for someone already married to a U.S. citizen or permanent resident.
Yes, preference categories have annual caps. Immediate relatives (spouse, child, parent of a U.S. citizen) do not have these caps.
It typically takes 8–14 months, depending on factors like your local USCIS field office’s workload and the complexity of your case.
It depends on the nature and timing of the offense. Certain convictions may bar eligibility, but others may not. We evaluate your record, determine any impacts on your eligibility, and guide you on how best to address it with USCIS.
Yes, your N-400 can be denied for failing the tests, not meeting residency requirements, or issues with moral character. If you’re denied, you may request a hearing with a USCIS officer or reapply. Good legal counsel can help you prepare.
Possibly. Significant absences can disrupt continuous residence, but there are exceptions or legal remedies. We help gather documents to show eligibility or advise on possible waivers.
No. You must show basic English skills (reading, writing, speaking), but perfect fluency isn’t required. Many succeed with ESL-level proficiency.
You can use the USCIS Case Status Online tool with your receipt number, or contact the USCIS National Customer Service Center by phone for updates.
Yes. You can apply for a medical waiver using Form N-648 (completed by a licensed medical professional) if your condition prevents you from fulfilling English and civics test requirements.
Common evidence includes tax returns, employment records, lease agreements, utility bills, bank statements, and school records showing you’ve maintained residence in the U.S.
Not legally required, but having legal counsel can reduce delays or denial risks, especially in complex cases.
You can still apply for naturalization even if your green card is expired. However, USCIS generally recommends renewing, or you can do both concurrently.
Yes, you can apply, but if your green card expires within six months, renewal is recommended to maintain valid proof of status for travel and other purposes.
File Form N-565, Application for Replacement Naturalization/Citizenship Document, along with the required fee to obtain a replacement.
Frequently Asked Questions (F.A.Q.)
Employment-Based Immigration
It varies by category (EB-1, EB-2, EB-3), country of chargeability, and USCIS/DOL processing times. It can be as short as several months (for some EB-1A) or several years (for backlogged categories).
Yes, but only in certain categories like EB-1A (Extraordinary Ability) or EB-2 National Interest Waiver (NIW). Others require a job offer and PERM labor certification.
PERM is a Department of Labor process verifying no qualified U.S. workers are available for the role. The I-140 is filed with USCIS to show you qualify for the employment-based category and that the employer can pay the offered wage.
Yes. The law limits the total number of employment-based immigrant visas each fiscal year, and per-country limits can also create backlogs.
Generally, yes. However, if you switch too soon, USCIS might question whether you ever intended to work for the sponsoring employer. Seek legal advice to avoid issues.
Yes. EB-1A (Extraordinary Ability) permits self-petition. You don’t need a U.S. job offer if you can show you intend to continue work in your field of acclaim.
Processing times vary by USCIS service center and the complexity of your case. It can range from several months to over a year. Premium processing is available for I-140 petitions, offering a 15-day turnaround for an additional fee.
Generally, nationally or internationally recognized honors. Local or industry-specific awards can work if you provide strong proof of their significance.
USCIS looks at your work’s impact on U.S. economic, educational, or cultural interests. Evidence could include media coverage, patents, scholarly citations, or industry-wide recognition.
You can appeal (Motion to Reconsider or Motion to Reopen) or refile with stronger evidence. Identifying weaknesses in the original petition is crucial for a successful second attempt.
Yes. Many people move from O-1, H-1B, or F-1 to EB-1. If you’re in the U.S., you can file for Adjustment of Status once your I-140 is approved and your priority date is current.
Yes. Spouses and unmarried children under 21 are eligible for derivative status, allowing them to live in the U.S. and often get work authorization.
EB-1A is for those with “extraordinary ability,” a higher standard requiring top-level achievements. EB-2 is for individuals with advanced degrees or “exceptional ability,” which is a slightly lower threshold than EB-1A’s “extraordinary.”
Yes, once you have a green card, you can pursue U.S. citizenship (naturalization) after meeting the 5-year residency and other requirements.
Denial could be for insufficient evidence or not meeting criteria. You may reapply or appeal with new evidence.
No. The NIW (National Interest Waiver) allows you to self-petition without an employer sponsor if you show your work has substantial merit and national importance.
Usually 12 to 18 months or more. It varies based on USCIS backlog, the complexity of your case, and whether you use premium processing (when available).
USCIS looks for projects or work that has wide-ranging implications—e.g., in public health, environmental tech, cybersecurity, or education—that will benefit more than just a local area.
They’re not strictly required, but they’re typically crucial to show recognition in your field. Independent expert letters carry more weight.
Yes. Many applicants are already in the U.S. on nonimmigrant visas. After I-140 approval, you can file Adjustment of Status when your priority date is current.
Yes, if their venture has broad potential impact (economic or otherwise). USCIS applies the Matter of Dhanasar framework to gauge national importance and merit.
Yes, family members (spouse and unmarried children under 21) can be included as dependents.
EB-1 is for those with extraordinary ability, outstanding professors/researchers, or multinational managers. EB-2 is for advanced degree holders or those with exceptional ability. NIW is a subcategory of EB-2 that waives the job-offer requirement if in the national interest.
Yes, after holding a green card for at least 5 years and meeting all naturalization requirements.
EB-2 is an immigrant category (leading to green card). O-1 is nonimmigrant (temporary) for individuals with extraordinary ability. They serve different purposes.
Yes, as long as it’s equivalent to at least a U.S. master’s degree or you meet the exceptional ability criteria.
Yes. You can pursue EB-2 NIW from within the U.S. if otherwise admissible.
Not necessarily. With a Regional Center investment, day-to-day management isn’t required. Direct EB-5 investors generally must show active involvement in managerial or policy decisions.
Earnings, inheritance, gifts, or secured loans, as long as you provide full documentation. Funds from illicit sources or which you can’t document won’t qualify.
You must file a Form I-829 within the 90-day window before your two-year conditional green card expires (around 21–24 months after obtaining conditional residency).
Yes. Your spouse and unmarried children under 21 can obtain green cards as dependents.
Yes, after maintaining a green card for 5 years and meeting other requirements (residency, good moral character), you can pursue naturalization.
EB-5 is an immigrant visa leading to permanent residency for a qualifying investment. E-2 is nonimmigrant, requires a treaty country, and does not directly lead to a green card.
No. EB-5 has no specific age or education minimum. You do need to prove a lawful source of funds and meet investment thresholds.
Yes. You’re free to reside wherever you wish, regardless of where your EB-5 investment project is located.
Yes, if you meet EB-5 requirements and are otherwise eligible to adjust status or consular process.
Frequently Asked Questions (F.A.Q.)
Nonimmigrant Visas
In some cases, yes—particularly if your visa category permits “dual intent” (like H-1B or L-1). Others (like F-1, B-1/B-2) require careful planning to avoid issues of immigrant intent.
It depends on your specific visa type. Some (H-1B, L-1) allow stays of multiple years, while others (B-2 tourist) are typically limited to months. Extensions may be possible.
This may immediately affect your status. Certain categories allow a grace period (up to 60 days for H-1B, L-1, E-1/E-2, etc.). Prompt action is crucial—seek legal counsel to maintain lawful presence.
It depends on the classification. Spouses of L-1 (L-2) and E visas (E-2, E-1) can get work authorization. H-4 spouses can sometimes get work permits if the H-1B holder is on track for a green card. O-3 spouses generally cannot work.
Yes, in most cases. Spouses and unmarried children under 21 usually qualify as dependents (e.g., H-4 for H-1B, L-2 for L-1, O-3 for O-1, etc.).
The E-1 (Treaty Trader) Visa is for nationals of countries with a trade treaty with the U.S. Applicants must be engaged in substantial trade (goods or services) principally between the U.S. and their home country.
No fixed dollar minimum, but trade must be continuous, substantial, and sufficient to justify a trader’s presence in the U.S.
No. Services and technology can qualify if they meet the E-1 criteria for substantial trade.
Not directly. E-1 is a nonimmigrant classification. However, some traders later switch to or qualify for an employment-based green card under EB-1, EB-2, or EB-5 if they meet those requirements.
Yes, as long as the trade remains active and substantial and you continue to meet all requirements.
You’re typically granted up to two years on each admission, with the possibility of 2-year extensions as long as you qualify.
Yes. They must have the same treaty country nationality and fill executive, managerial, or essential skills roles.
Evidence of substantial trade (contracts, bills of lading, invoices, bank statements), proof of nationality, your role in the trade, and evidence of the ongoing nature of transactions. An attorney can help compile it.
There is no fixed minimum, but most successful cases involve at least $100,000–$250,000 or more, depending on the nature of the business. The investment must be “substantial” relative to the total cost of the enterprise.
Generally, yes. The funds must be “at risk” (already committed) before the application is approved.
Not directly. E-2 is nonimmigrant. You can later pursue a green card through other categories (EB-5 investment, EB-1, EB-2 NIW) if you qualify.
Yes. E-2 spouses may apply for work authorization and work anywhere in the U.S.
Initial validity can be 2–5 years (depending on your country’s treaty). You can renew indefinitely as long as the business is ongoing. Each admission to the U.S. is typically for a 2-year stay.
Yes, if they have your same treaty nationality and serve in executive, supervisory, or essential roles in the U.S. business.
E-2 is nonimmigrant, requires a treaty country passport, and does not directly lead to permanent residency. EB-5 is an immigrant visa (green card) requiring a larger investment, currently $800,000–$1,050,000+ in most cases, but has no nationality restrictions.
No. The essence of E-2 is an at-risk investment in a U.S. business. You must actively invest funds prior to or during the application process.
Yes. If you legally marry a U.S. citizen and meet all eligibility for adjustment of status, you can pursue a marriage-based green card.
You may lose your E-2 status and need to depart the U.S. unless you qualify for another visa category.
Yes, as long as the franchise structure meets “substantial” investment and the applicant retains operational control or active involvement.
The L-1 allows multinational companies to transfer an executive, manager (L-1A), or specialized knowledge staff (L-1B) from a foreign office to a related U.S. office. A qualifying relationship (parent, subsidiary, affiliate) must exist, and the employee must have worked there at least 1 continuous year in the past 3 years.
At least one continuous year within the three years before transferring to the U.S.
Yes. L-1A executives and managers can often transition to EB-1C (Multinational Manager) without a labor certification. L-1B holders may also pursue a green card through EB-2/EB-3 if they qualify.
Yes, if it can show a viable business abroad, a qualifying relationship, and the intent and ability to support the managerial/executive or specialized role in the U.S. New office L-1 petitions need a thorough business plan.
L-1A is valid up to 7 years total (initially up to 3 years, plus extensions). L-1B is up to 5 years total (initial 3 plus extensions). New office L-1s initially get 1 year, then must file for extension.
A material change may require filing an amended petition. Always check with legal counsel before switching roles or locations to maintain compliance.
Not in the traditional sense. L-1 is employer-specific. If you want to move to a different employer that isn’t part of the same multinational group, you generally need a new work visa petition (e.g., H-1B) or green card.
There’s no cap like H-1B. However, companies with many L-1s can face extra scrutiny to ensure compliance with L-1 rules.
No. A U.S. employer, U.S. agent, or a foreign employer through a U.S. agent must file the petition on your behalf. Freelancers often use an agent structure.
Standard processing can take 2–4 months or more. Premium Processing (for an extra fee) provides a decision in about 15 days.
Not directly. However, many O-1 holders later pursue EB-1A (Extraordinary Ability immigrant category), which does allow self-petitioning for a green card.
No. You must show “extraordinary ability” or “sustained acclaim” in your field, but you don’t have to be a global celebrity. Solid, objective evidence (awards, press, publications, etc.) is key.
Yes, but the new employer/agent must file a new O-1 petition or amend the existing one. You can’t just switch without notifying USCIS.
Yes. They receive O-3 status, which allows them to stay with you but doesn’t permit them to work.
Yes. A Ph.D. or publications can help, but they aren’t mandatory. Other evidence (major awards, media coverage, leading roles, significant contributions) can suffice.
O-1 is a nonimmigrant (temporary) visa. EB-1A is an immigrant (green card) category with somewhat similar standards of “extraordinary ability.” Many O-1 holders eventually pursue EB-1A if they want permanent residence.
They must show extraordinary achievement (awards, high-profile roles, critical acclaim), plus letters of recommendation from recognized figures in the industry.
They’re letters from experts/leaders in your field attesting to your achievements. They help establish your acclaim and expertise.
An RFE is a USCIS notice seeking additional documents. You must reply with stronger evidence or explanations to address any gaps or doubts in your petition.
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