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Frequently Asked Questions
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Common Questions
About U.S. Immigration
What is the difference between a visa and immigration status in the U.S.?
A visa allows you to travel to the United States and request entry at the border or port of entry. It is usually issued by a U.S. consulate abroad and placed in your passport. Immigration status, on the other hand, is the legal permission granted after you enter the U.S., which determines how long you can stay and what you are allowed to do (work, study, etc.). Your status is governed by your I-94 record, not the visa sticker itself. A visa can expire while you are lawfully staying in the U.S. in valid status.
How do I check if I need a visa to enter the United States?
Most foreign nationals need a visa to enter the U.S. Some countries participate in the Visa Waiver Program (VWP), which allows short visits for tourism or business with an approved ESTA. However, visa requirements depend on nationality, purpose of travel, and length of stay. Always verify current requirements before traveling, as eligibility rules can change.
Can I change or "switch" my immigration status while I am in the U.S.?
In some cases, yes; but strict rules apply. You generally cannot change status if you entered the U.S. as a visitor with immigrant intent, or under certain short-term categories. For example, changing from F-1 student to H-1B or from visitor to student is highly scrutinized and timing is critical. Filing incorrectly can lead to denial or allegations of misrepresentation. Always confirm eligibility before filing a change of status application.
What are the common reasons U.S. immigration applications are denied?
Common grounds include misrepresentation or omission of prior immigration history, unauthorized employment, unlawful presence or overstays, criminal history (even if minor or old), and insufficient or inconsistent supporting evidence. Discretionary categories such as EB-1A and EB-2 NIW are especially sensitive to documentation quality and credibility.
What is a Green Card and how do I qualify?
A Green Card grants lawful permanent resident status in the U.S. There are multiple pathways, including employment-based categories (EB-1, EB-2 NIW, EB-3), family-based petitions, and humanitarian routes. Some categories require employer sponsorship, while others such as EB-1A and EB-2 NIW allow self-petitioning if strict criteria are met.
What obligations do I have while I am in the U.S. on a visa?
You must maintain the terms of your specific status, avoid unauthorized work, update your address with USCIS within 10 days of moving, and depart or extend/change status before your authorized stay expires. Failure to comply can jeopardize future applications.
How much does it cost to apply for U.S. immigration benefits?
Fees vary widely depending on the application type. Examples include Form I-140 (employment-based immigrant petition), Form I-485 (adjustment of status), Form I-129 (nonimmigrant worker), and biometrics and medical exam costs. Filing fees are non-refundable, even if the case is denied.
What happens if my U.S. immigration application is denied?
You will receive a written decision explaining the reasons for denial. Depending on the case type, you may have options such as a motion to reopen or reconsider, an appeal, or refiling with stronger evidence. In some cases, denial may also trigger unlawful presence or removal risks, so timing and legal strategy are critical.
Does time spent in the U.S. count toward permanent residence or citizenship?
Only time spent in lawful permanent resident status counts toward U.S. citizenship eligibility. Time spent in nonimmigrant status (such as student or work visas) generally does not count toward naturalization, though it may be relevant for certain residency calculations.
How do changes in U.S. immigration policy affect applications?
U.S. immigration rules can change through new regulations, agency policy updates, or shifts in adjudication trends. Applications are decided under the rules and interpretations in effect on the filing date, and prior guidance may quickly become outdated. Professional review before filing is essential.
Visa Applications
& Requirements
What documents are required for a U.S. visa or immigration application?
Commonly required documents include a valid passport, prior immigration records (I-94s, visas, approvals), financial evidence (where applicable), education and employment records, and certified English translations for foreign-language documents. Each category has specific documentary requirements.
How far in advance should I apply?
Timing depends on the visa or benefit. Nonimmigrant visas are typically applied for several months in advance. Employment-based immigrant cases often involve multi-stage processes with long lead times. Applying too late or too early can both cause serious problems.
Are there English language requirements for U.S. immigration?
Most U.S. immigration categories do not require standardized English tests. However, English proficiency may be indirectly evaluated through education, professional background, or interviews, especially in discretionary categories.
Do I need an interview or biometrics appointment?
Most applicants will attend a biometrics appointment in the U.S. and/or a visa interview at a U.S. consulate abroad. Interview requirements vary by application type and location.
Can I include dependents in my application?
In many categories, spouses and unmarried children under 21 may apply as derivative beneficiaries, but they must file separate applications linked to the principal applicant. Eligibility and timing rules differ by visa type.
What activities are allowed on a visitor visa?
Visitors may engage in tourism, business meetings, and limited permitted activities. Employment or hands-on work is strictly prohibited. Violations can lead to visa cancellation, removal, and future bans.
How long does it take to get a decision?
Processing times vary significantly depending on the form type, the service center or consulate, and whether premium processing is available. Some cases are decided in weeks; others may take many months or longer.
Can I travel while my application is pending?
In many cases, traveling while an application is pending can abandon it, especially adjustment of status cases filed inside the U.S. Advance planning is essential before leaving the country.
