Q&A: Your Immigration Questions Answered

If the priority date is current, does that affect a spousal petition for someone married to a U.S. citizen?

Priority dates are generally relevant for non-immediate relatives, such as siblings. For a U.S. citizen spouse, being an immediate relative means there is no need to wait for a visa to become available, so the priority date does not affect the petition.

How much notice do you get when the appointment is scheduled for a spouse visa?

Typically, U.S. embassies and consulates provide about a 30-day notice before the scheduled appointment. This allows time to prepare, including scheduling a medical exam.

Which is better for a faster process: resident or U.S. citizen, or is going through a family-based option to become a U.S. citizen better?

Permanent residency (green card) is the first step, and once obtained, an individual can apply for U.S. citizenship. Family-based options are generally better for faster processing, but this depends on individual circumstances, such as eligibility for other visas.

What should an individual do if they are fleeing a hostile situation and can’t get certain documents from the government?

Immigration is aware of country conditions and may waive certain document requirements if you can provide proof that the documents are unavailable, such as in cases of natural disasters or civil registry office closures.

Do I have to add the names of all the people present in family photos for a removal of conditions application?

It’s not necessary to name everyone in large family photos. It’s sufficient to label the photo as, for example, “Anna and her husband with Anna’s family.”

How long does it take to get a green card if I marry a U.S. citizen while on an L-1B visa, including for my two daughters?

The green card process through adjustment of status generally takes about a year. However, this can vary depending on the specific circumstances, including the ages of the children at the time of marriage.

Does unemployment affect the fiancé visa application or the Affidavit of Support?

If the U.S. citizen petitioner is unemployed, it can complicate the case. However, options such as using assets or a joint sponsor are available to meet the Affidavit of Support requirements.

How long is the process for the fiancé visa or marriage visa?

Currently, fiancé visas are being processed in under a year, with some cases taking as little as six months. Marriage-based visas typically take about 18 months.

How can someone file a motion to reopen?

The process for filing a motion to reopen depends on whether it’s with USCIS or Immigration Court. It involves specific steps and time frames, and it’s advisable to seek legal guidance to navigate this complex process.

How do you know if you’re eligible to start the immigration journey, and would it be best to speak with a lawyer?

A great place to start is with our free Resource Center, which includes webinars and guides. A consultation with an immigration attorney can provide personalized guidance based on your specific situation. Remember, immigration law is federal, so you can work with an attorney from any state.

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If you have any questions or concerns, we’re committed to supporting you every step of the way, helping you navigate the complexities of the immigration journey with confidence. If you find yourself overwhelmed or uncertain about the next steps, reach out for personalized advice tailored to your unique situation. And don’t hesitate to visit our resource center for more detailed guides to use on your journey through this process.