Frequently Asked Questions

If you wish to visit the United States temporarily or be granted entry for a specific period of time, you will need a non-immigrant visa. Some of the most common types of non-immigrant visas are a student visa, a business investor visa, or a travel visa.

Depending on your current immigration status or situation, there are a number of visas available to foreign nationals wishing to permanently immigrate to the United States. There is a fiancé(e) visa (if you are a foreign national engaged to a U.S. citizen), a family visa (if you have or are the relative of a U.S. citizen and wish to immigrate to the U.S.), a work visa (if you have unique skills or requirements which make you a hot commodity in a particular field or industry), and more.

Changing immigration status while in the United States can be difficult, but is possible. What you will be required to do varies from person to person. That is why this kind of question can only be answered after consulting an experienced immigration attorney. Our attorneys can take the time to review your status and case, analyze the situation at hand, and help you map out the course of action best suited to accomplish your immigration objectives.

An immigrant petition is a filing to obtain lawful permanent residency in the United States, whereas a non-immigrant petition is a filing to obtain temporary status in the United States (usually based upon employment). 

A green card is a popular term used for a “lawful permanent resident” card.  This card once obtained is proof of U.S. residency.  There are several ways that one can obtain a green card, either through family, employment or other means.

No. It may take from three months to two years to complete the green card process, during which USCIS will put the case through a rigorous review to determine that the marriage is in good faith. 

U.S. immigration law is complex and very detailed. Having an immigration attorney can make the immigration process go much more smoothly and gives you peace of mind that you are correctly following all procedures. Evidence gathering and presentation often will have a significant impact on the case, and can cause long delays if not done correctly. By hiring an immigration attorney, you will have an adviser who is experienced in immigration law and who will personally handle your immigration case. Our attorneys have a combined 60+ years of experience practicing immigration law. 

How the spouse can immigrate into the United States depends upon factors including (1) if the person is presently in the United States and can simply adjust status, or is abroad and requires Consular Processing of the immigrant visa; (2) whether the petitioner is a Lawful Permanent Resident or U.S. Citizen; (3) whether the petitioner meets the income requirements for sponsorship. 

There are two main options for this situation. One is that you can sponsor the individual for a Fiance(e) Visa Petition, so they can enter the US and you can be married here. The second option is for you to marry them abroad and file a spousal petition.  Each of these options has different impacts on the application to be filed, evidence to be compiled and when the person can enter the U.S. Contact our office to schedule a free initial consultation to formulate the best strategy for your unique circumstances.

The person may either come to the United States on a permanent basis or a temporary basis. How the family member can immigrate or visit the United States depends on your specific circumstances, which can be examined by an immigration attorney at Subhani & Subhani LLC. Immigration for family members often depends upon whether the person is recognized as an immediate relative, in which case a visa is available for the individual to immigrate to the U.S. Sometimes visa wait times for non-immediate relatives can be quite delayed (some for decades) and our attorneys will be able to assist in formulating strategies around these wait times.

Eligibility depends upon a number of factors.  Generally, a person will have had to be a lawful permanent resident for 5 years in order to apply (or 3 years based upon marriage to a U.S. Citizen). Contact Subhani & Subhani LLC for a free initial consultation to formulate the best strategy for your unique circumstances.

Asylum and Temporary Protected Status are two examples of relief that the United States provides to those who cannot return to their home countries, either because of fear of persecution or because of temporary country circumstances that make it difficult to return. By consulting with an immigration attorney at Subhani & Subhani LLC, you will have an adviser who is experienced in immigration law and will provide you an honest assessment of your eligibility for relief.

If you are still in the abusive relationship, please leave immediately. There are a number of Domestic Violence shelters and agencies that can assist you. Under the provisions of the Violence Against Women Act (VAWA), the U.S. provides visas for men and women and their children who are the victims of an abusive relationship.

Yes, as a person living in the United States you should report criminal activity to the appropriate authorities. Often by cooperating with the police you may become eligible for a visa based upon your victimization and cooperation. We have done countless cases for victims of crimes, and can assist you as well. Contact us for a free initial consultation to determine your eligibility. 

Whether you can employ a foreign worker depends upon the type of employment and the alien’s status and qualifications. Please contact us for a free initial consultation to discuss your company’s sponsorship of employment immigration visas for the temporary hiring of professional/skilled workers under the H-1B visa program and unskilled workers under the H-2B visa programs as well as TN visa program designated specifically for Canadian & Mexican workers.

Premium Processing is a special USCIS program that provides significantly faster processing in exchange for an additional processing fee. For an additional fee, USCIS guarantees action on your case within 15 calendar days on the following types of visa petitions or applications: H-1B, H-2B, H-3, O, P, Q-1, E-1, E-2, L and TN.

Criminal charges or convictions that may appear minor could have dire consequences on your status and you should contact us to discuss how this issue may affect your status.

We recommend that you visit the Department of State website at www.travel.state.gov and/or the United States Citizenship and Immigration Services website at www.uscis.gov.  Government websites end with .gov, and those ending with .com are not legitimate government websites. Should you have more specific requests please contact our office.

Applicants for visas (especially visitor visas) must show that they qualify for the visa.  Section 214(b) presumes that every visitor visa applicant is an intending immigrant.  To overcome this presumption an applicant must demonstrate that they have nonimmigrant intent.

A denial under this section of law is because the consular officer determined that the evidence submitted in support of the application was insufficient to demonstrate eligibility for the visa.  If you have been denied for this reason, you should consult with one of our attorneys to determine your next course of action.