Immigration FAQs

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Your Immigration Questions Answered

Q: Can I still get a green card if my spouse is abusing me?

A:  Yes, under the federal Violence Against Women Act (VAWA), you may be eligible to become a lawful permanent resident (get a green card), if you are the victim of battery or extreme cruelty committed by:

• A U.S. citizen spouse or former spouse;
• A U.S. citizen parent, son or daughter
• A lawful permanent resident (LPR), spouse or former spouse; or
• An LPR parent

Q:  Are my children also eligible to apply for a green card under VAWA?

A:  If your children are unmarried and under 21 years of age, they may be eligible to apply for a green card as a derivative family member of an approved VAWA self-petitioner.  However, you may not file as a derivative if the principal applicant is a self-petitioning parent of an abusive U.S. citizen son or daughter.  Each derivative applicant must file their own green card application and supporting documents.

Q: Are there certain crimes that will render my application to adjust status inadmissible?

A: Yes, some of these crimes are drug offenses, multiple convictions that carry sentences of 5 years or more, and crimes of moral turpitude (depraved or immoral act, e.g. rape or crimes that violate the basic duties owed to your fellow man)

Q:  Can I seek a waiver of inadmissibility?

A:  Yes, you can apply for a waiver to overcome the grounds for your inadmissibility.  The requirements for eligibility will vary depending  on the circumstances of your case. 

Q: What is DACA?
A: On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization.

Individuals who can demonstrate through verifiable documentation that they meet these guidelines will be considered for deferred action. Determinations will be made on a case-by-case basis under the DACA guidelines.  Please contact me for further details.

 Q: If my removal is deferred under the consideration of DACA, am I eligible for employment authorization?
A: Yes. Under existing regulations, if your case is deferred, you may obtain employment authorization from USCIS provided you can demonstrate an economic necessity for employment. 

Q: Who is Eligible for a Family Visa?

A:here are only two groups that are eligible for family visas:

Immediate relatives: 1) spouses of U.S. citizens; 2) unmarried children under 21 of U.S. citizens; 3) orphans adopted abroad, 4) orphans to be adopted in the U.S., by U.S. citizens; and 5) parents of U.S. citizens who are at least 21 years old.

Family preference categories: 1) unmarried sons and daughters of U.S. citizens, their spouses, and their children; 2) spouses, minor children and unmarried sons and daughters over 21 of LPRs; 3) married sons and daughters of U.S. citizens and their spouses and minor children and 4) brothers and sisters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years old.

Note: U.S. citizens and LPRs cannot sponsor other family members such as grandparents, aunts, uncles, in-laws and cousins for immigration.

Q: How Many Relatives Does an Immigrant Typically Sponsor?

A:  An average of 3.5 relatives. In past decades, each immigrant has typically sponsored an average of approximately 3.5 relatives, which includes spouses and children.

Q:  How Many Visas are Available for Sponsor's Family Members

A:   A maximum of 480,000 each fiscal year. The total number of family preference visas cannot exceed 480,000, which was set by Congress in 1990. While there is no limitation on number of visas issued to immediate relatives, the number of those visas issued is subtracted from the 480,000 cap, and thus determines how many other relatives will be admitted to the U.S. each fiscal year. In fiscal year 2015, spouses and children (immediate relatives) accounted for approximately 69% of family immigration and 44% of total legal immigration to the U.S.

To ensure that family visas are not issued just to immediate relatives, immigration law requires that at least 226,000 family visas be allocated through the family preference categories. About 40% of the family preference visas are issued to the spouses and minor children of LPRs. Only about 6% of overall legal immigration consists of brothers and sisters of U.S. citizens.

In addition to the numerical restrictions, immigration law sets a 7% cap each year for family visas issued for each country, commonly referred to as the per-country limit.

Q: What is a Last Will & Testament?

A:  A Last Will & Testament (will) is a written legal document that expresses your wishes regarding how you want your assets (things you own) to be disposed of after you die.  Your will also has to provide for your creditors to be paid or they may file a lawsuit against your estate after your death.

Q: Does my will have to be witnessed and notarized?

A:  Yes, most states (Maryland included) require your signature in front of at least 2 witnesses and a notary public.

Q: Are there other documents that are necessary in my estate plan?

A:  Yes, I typically recommend a durable power of attorney, which is a document that gives your Personal Representative (in the case of your will) legal powers to acquire, dispose of and make other decisions regarding your estate.  I also recommend a combination living will and health care directive to be in your estate plan.

Q: What is a Living Will & Health Care Directive?

A:  These are documents that tell your health care providers what kinds of medical treatment you want in the event you become incapacitated (unable to make decisions for yourself due to illness, accident, etc) You choose a person or an alternate who you want to be responsible for making decisions regarding your health if you cannot do it yourself and something comes up that needs a decision-maker.  For example, if you are in a coma, this document will tell the doctor and other health care professional  if you want to be put on life support and for how long, if you want a blood transfusion should you lose a large amount of blood, and so on.  It can also let folks know if you want to die at home or in a nursing home/hospice facility.