Question 1

What is a Green Card and how is it different from U.S. citizenship?

Accepted Answer

A Green Card (Lawful Permanent Resident Card) proves your status as a lawful permanent resident of the United States, authorizing you to live and work anywhere in the U.S. permanently.

Key differences from citizenship:
• Green card holders can be deported for serious crimes; citizens cannot
• Green cards must be renewed every 10 years; citizenship is permanent
• Citizens can vote and hold federal office; green card holders cannot
• Citizens can sponsor more family categories for immigration
• Green card holders must maintain U.S. residence to keep their status

Question 2

What are the main ways to get a Green Card?

Accepted Answer

There are five primary pathways to permanent residency:

1. Family-Based Immigration - Sponsorship by U.S. citizen or permanent resident family members (spouse, parent, child, sibling)

2. Employment-Based Immigration - EB-1 (extraordinary ability), EB-2 (advanced degree), EB-3 (skilled workers), EB-5 (investors)

3. Humanitarian Programs - Refugee/asylee status, U visa (crime victims), T visa (trafficking victims), VAWA (abuse victims)

4. Diversity Visa Lottery - Annual drawing for countries with low U.S. immigration; 50,000 visas available

5. Registry - For those continuously present in U.S. since January 1, 1972 (rarely used)

Question 3

Can I work while waiting for my Green Card?

Accepted Answer

Yes, if you obtain work authorization through Form I-765 (Employment Authorization Document/EAD).

• Processing time: 2-4 months typical
• Can be filed concurrently with I-485 (adjustment of status)
• Asylum applicants can apply 150 days after filing I-589
• Some applicants eligible for fee waivers

Once approved, you can work for any U.S. employer while your green card application is pending.

Question 4

What is a Conditional Green Card?

Accepted Answer

A Conditional Green Card is issued to individuals married to a U.S. citizen or permanent resident for less than 2 years at the time of green card approval.

Key details:
• Valid for 2 years only (vs. 10 years for regular green card)
• Must file Form I-751 to remove conditions 90 days before expiration
• Both spouses typically sign I-751 jointly
• Can file I-751 waiver if divorced before conditions removed

This requirement exists to verify the marriage is genuine and not entered solely for immigration purposes.

Question 5

How long does it take to get a Green Card?

Accepted Answer

Processing times vary significantly by category:

Family-Based (Immediate Relatives):
• I-130 petition: 10-14 months
• I-485 adjustment: 8-10 months
• Total: 10-14 months if filed concurrently

Family Preference Categories:
• F2A (spouse of LPR): 2-3 years
• F4 (siblings): 10-20+ years

Employment-Based:
• PERM labor certification: 1-3 years
• I-140 petition: 15 business days (premium) to several months
• Total: 2-5+ years depending on country and category

Question 6

What is an H-1B Visa?

Accepted Answer

The H-1B is a temporary, employer-sponsored nonimmigrant visa for workers in specialty occupations. It is the most common visa for foreign professionals.

Key features:
• Duration: Up to 6 years
• Annual cap: 65,000 base + 20,000 advanced degree exemption
• Requires bachelor's degree minimum in specialty occupation
• Employer must pay prevailing wage
• Can apply for green card while on H-1B (dual intent)
• Lottery system if over-subscribed

Common specialty occupations: Engineering, IT, finance, accounting, consulting, certain medical roles.

Question 7

What is an L-1 Visa?

Accepted Answer

The L-1 is an intracompany transfer visa for employees of multinational companies. No annual cap exists.

Key features:
• L-1A (managers/executives): Up to 7 years
• L-1B (specialized knowledge): Up to 5 years
• Must have worked for company at least 1 year in past 3 years
• No cap - easier to obtain than H-1B
• L-2 spouses can work automatically
• Can apply for green card (dual intent)

Advantages over H-1B: No lottery, no specific degree requirement, generally faster processing.

Question 8

Can I sponsor my family members for immigration?

Accepted Answer

It depends on your status:

If you are a U.S. Citizen, you can sponsor:
• Spouse
• Parents (regardless of age)
• Children (married or unmarried, any age)
• Siblings

If you are a Permanent Resident, you can sponsor:
• Spouse
• Unmarried children (any age)
• Cannot sponsor parents, married children, or siblings

Note: Immediate relatives of citizens have no visa quota. Preference categories face significant waits (some 10-20+ years).

Question 9

When can I apply for U.S. citizenship?

Accepted Answer

Eligibility requirements:

General Rule (5-Year Residency):
• Lawful permanent resident for 5 consecutive years
• Can file Form N-400 up to 90 days before meeting requirement

Expedited (3-Year if Married to U.S. Citizen):
• Married to U.S. citizen for all 3 years
• Lawful permanent resident for 3 years

Additional Requirements:
• Physical presence: Minimum 30 months in U.S.
• Good moral character
• Basic English ability (read, write, speak)
• Pass civics test (6 of 10 questions correct)
• Attachment to U.S. Constitution

Question 10

What does the citizenship test include?

Accepted Answer

The naturalization interview assesses:

English Test:
• Speaking: Interview conducted in English
• Reading: Read 1 of 3 sentences correctly
• Writing: Write 1 of 3 dictated sentences correctly

Civics Test:
• 10 questions from pool of 100 possible questions
• Need 6 correct to pass
• Covers: Government structure, rights, history, Constitution
• Free study materials at uscis.gov/citizenship

Good Moral Character Assessment:
• Criminal history, fraud, tax compliance
• Child support obligations
• Rehabilitation evidence if past issues

Question 11

What is "good moral character" for naturalization?

Accepted Answer

"Good moral character" is evaluated based on behavior during the 5 years (or 3 years) before filing.

USCIS evaluates:
• Criminal history and convictions
• Fraud in immigration applications
• Tax compliance
• Child/spousal support obligations
• Substance abuse
• Unlawful voting

Crimes that permanently bar citizenship:
• Aggravated felonies, murder, certain drug crimes, crimes against children

Some criminal history can be overcome with:
• Time passage since conviction
• Evidence of rehabilitation
• Employment and community involvement
• Attorney assessment is essential

Question 12

Who can be deported?

Accepted Answer

Any non-citizen is theoretically deportable. Higher risk groups:

• Green card holders with criminal convictions
• Visa holders who violate status (work off-record, overstay)
• Undocumented immigrants
• Asylees/refugees with serious crimes

Deportable Offenses:
• Aggravated felonies (drug trafficking, crimes of violence, money laundering)
• Crimes of moral turpitude (fraud, theft, assault)
• Drug crimes
• Overstaying visa
• Unauthorized employment

Who initiates deportation:
• ICE (Immigration & Customs Enforcement)
• Local police can report to ICE
• Secure Communities program shares fingerprints with DHS

Question 13

What are my rights in deportation proceedings?

Accepted Answer

Rights in Removal Proceedings:

Right to Representation:
• Hire immigration attorney at your own expense
• No government-appointed attorney (unlike criminal court)

Right to Hearing:
• Hearing before immigration judge
• Present evidence and witnesses
• Cross-examine government witnesses
• Interpreter if needed

Right to Information:
• Notice to Appear stating charges
• Documents in language you understand
• Appeal to Board of Immigration Appeals (BIA)

Right to Bond Hearing:
• Challenge detention before immigration judge
• Factors: Flight risk, danger to community

Right to Pursue Relief:
• Cancellation of removal, asylum, VAWA, U visa, T visa

Question 14

How does family-based sponsorship work?

Accepted Answer

Step 1: Petition Filing (Form I-130)
• Filed by U.S. citizen or permanent resident
• Processing: 10-14 months for immediate relatives

Step 2: Visa Availability
• Immediate relatives: Available immediately
• Preference categories: Wait for priority date

Step 3: Adjustment of Status or Consular Processing

If in U.S. (I-485 Adjustment):
• Biometrics appointment
• USCIS interview
• Processing: 8-10 months

If Outside U.S. (Consular Processing):
• Medical examination
• Visa interview at embassy
• Processing: 14+ months

Step 4: Green card issued (10 years, or 2 years if conditional)

Question 15

What is the difference between H-1B and L-1 visas?

Accepted Answer

Key Differences:

Employment Relationship:
• H-1B: Employer hires from open market
• L-1: Internal company transfer only

Prior Employment:
• H-1B: No requirement
• L-1: 1+ year with sponsoring company

Education:
• H-1B: Bachelor's degree in specialty occupation required
• L-1: No specific education requirement

Annual Cap:
• H-1B: 65,000 + 20,000 advanced degree
• L-1: No cap

Duration:
• H-1B: 6 years
• L-1A: 7 years / L-1B: 5 years

Spouse Work Authorization:
• H-4: Limited circumstances
• L-2: Automatic work authorization

Immigration Resources & FAQ

Immigration FAQ

What is a Green Card and how is it different from U.S. citizenship?

What are the main ways to get a Green Card?

Can I work while waiting for my Green Card?

What is a Conditional Green Card?

How long does it take to get a Green Card?

What is an H-1B Visa?

What is an L-1 Visa?

Can I sponsor my family members for immigration?

When can I apply for U.S. citizenship?

What does the citizenship test include?

What is "good moral character" for naturalization?

Who can be deported?

What are my rights in deportation proceedings?

How does family-based sponsorship work?

What is the difference between H-1B and L-1 visas?

Know Your Rights

If ICE Comes to Your Home

If You Are Stopped

If You Are Detained

USCIS Processing Times

Emergency Contacts

Levochkina Law Group - Emergency Legal Help

Levochkina Law Group - Emergency Line

Chicago Office - Emergency

If You Are Detained

National Immigration Detention Hotline

Need Legal Assistance?

Form	Description	Processing Time
I-130	Petition for Alien Relative (Immediate Relatives)	10-14 months
I-130	Petition for Alien Relative (Family Preference)	17-178 months
I-485	Adjustment of Status (Family-Based)	8-10 months
I-765	Employment Authorization Document (EAD)	2-4 months
N-400	Application for Naturalization	8-14 months
I-140	Immigrant Petition for Alien Worker (Premium)	15 business days
I-140	Immigrant Petition for Alien Worker (Standard)	30-45 business days