If you need assistance on a legal matter, chances are, you have many questions about your case. We have assembled these FAQs to give you a brief primer on some of the issues you may be facing and to answer common questions. Of course, if you have specific questions regarding your circumstances, the best thing to do is contact us
for a consultation.
Does the government consider any immigrant who applies for benefits as a “public charge” and then deport them?
This is not necessarily the case; however, as this is a complex and changing area of the law, it is best that you bring this sort of question directly to your immigration lawyer. Generally, receiving benefits like Medicaid, CHIP, WIC, or food stamps do not make an immigrant a “public charge,” but cash assistance from TANF, state or local assistance programs, and Supplemental Security Income (SSI) might make an immigrant a “public charge.” For more information, please contact us
What is an adjustment of status?
An adjustment of status concerns changing your status from non-immigrant to immigrant. This occurs when someone came to the United States on a non-immigrant visa, (meaning they would have to return to their home country when the visa expired) but wishes to remain here permanently. If your application for an adjustment of status is approved, you would receive a green card and become a lawful permanent resident, and eventually, if you wished, you could apply to become a naturalized citizen.
What is the difference between naturalization and citizenship?
Citizenship is automatically granted when a child is born in the United States (as well as some other circumstances, such as being born to a parent or parents who are U.S. citizens). Naturalization is the process of someone who was not born in the United States becoming a citizen. Once a person has become naturalized, they are guaranteed by the Fourteen Amendment of the Constitution all the rights and privileges of a citizen of the United States and the state in which they reside.
What is a National Interest Waiver and how does it work?
A National Interest Waiver waives the requirement that an EB-2 visa applicant have a permanent job offer or labor certification before applying for entry to the United States. These waivers are only granted if a person of exceptional ability can prove that their residing in the United States would be in the “national interest of the United States.” Often, it is granted to professionals with advanced degrees or researchers.