San Francisco’s Leading US Immigration FAQ

Trust Hurtubise Weber Law for Your Immigration FAQ Help

At Hurtubise Weber Law, we specialize in guiding individuals through the complex U.S. immigration processes. We understand that immigration law can be overwhelming, especially given frequent changes to law and policy. Catering to our clients from San Francisco and San Jose, CA, we have compiled this comprehensive U.S. immigration FAQ page to address common questions, myths, and misconceptions. We aim to provide clear, concise, and practical responses to help you navigate the immigration process with confidence. Reach out to learn more and to schedule your consultation today.

Answering Your Immigration FAQs

We understand that navigating the complexity of immigration law can be overwhelming. That’s why we have created this comprehensive FAQ section to address your common questions and concerns. Whether you seek information about the green card application process or employment visa options, we have you covered. If you still have any questions or concerns after reading, do not hesitate to reach out to learn more. Here is our list of frequently asked immigration questions, including:

• How can I sponsor my spouse for a green card? Sponsoring your spouse for a green card involves filling out several forms and providing supporting documentation. As a U.S. citizen or permanent resident, you must submit Form I-130, Petition for Alien Relative, with evidence of your marriage, proof of your U.S. status, and any relevant divorce decrees or death certificates from previous marriages. Additional documentation may be required depending on your unique circumstances. Your spouse will then need to apply for adjustment of status if they are in the U.S. or for an immigrant visa if they are abroad. The process can be complex, but we are here to help.

• I am a foreign national who married a U.S. citizen, and we live together in the U.S. How long does it take to get a work permit and a green card? – After marrying a U.S. citizen, a foreign national spouse residing in the U.S. may be eligible to apply for a marriage-based green card through a process called adjustment of status. Estimated processing times for the work permit and green card change over time. Current estimated processing time (as of September 2024) for a work permit is about 7 months. Current estimated processing time for a green card, for a foreign national residing in the greater Bay Area/San Jose, is between 12 and 18 months.

• If I get approved on the day of my interview, do I immediately get the green card? – Receiving approval on the day of your interview is a significant milestone, but it does not mean you will receive your green card immediately. After approval, it typically takes 2 weeks for the physical green card to arrive in the mail. It’s important to note that the timeline may vary based on processing time.

• I am a foreign student on an F-1 visa and my spouse is on an F-2 visa. What options do I have to work? Can my spouse work? – As a student on an F-1 visa, you may have the option to work in the U.S. through Optional Practical Training or Curricular Practical Training. These programs allow you to gain work experience related to your field. However, your spouse on an F-2 visa is typically not allowed to work in the U.S.

• Is it possible to work for an H-1B cap-subject and a cap-exempt employer at the same time? – Yes, you can simultaneously work for a cap-subject and cap-exempt employer on an H-1B visa. This is known as concurrent H-1B employment. However, your employers must file separate H-1B petitions on your behalf.

• I recently obtained my Ph.D. and a company offered me a position. They will apply for an H-1B visa for me, but I was informed that I was responsible for figuring out the green card process. What can I do? Is there a typical timeline for this green card? – First, congratulations on your Ph.D. and new position. Regarding your green card, the process can vary greatly depending on specific circumstances, but generally, it takes several years from start to finish. If and when your employer obtains the H-1B visa, you can work in the U.S. while your green card application is in process. You may be eligible under one of the employment-based green card categories that allows you to self-sponsor, or you may need your employer to sponsor you. The process typically involves obtaining a labor certification, filing an I-140 Immigrant Petition for Alien Worker, and applying for the green card itself via either adjustment of status or the consular immigrant visa process. We recommend scheduling a consultation with our immigration lawyers to help you navigate this complex area.

• I want to start a company in the U.S. and do business here. How can I obtain an E or L visa? –E and L visas are great options for individuals looking to start a business in the U.S. The E visa is designed for treaty traders and investors, while the L visa is for intracompany transferees. Both visas require substantial documentation and proof of your business plans.

• I have a green card. Am I eligible to apply for U.S. citizenship? – As a green card holder, you may be eligible to apply for U.S. citizenship 90 days prior to 5 years after you became a permanent resident, provided that you meet additional criteria. You may be eligible to apply 90 days prior to 3 years if you have been married to and residing with a U.S. citizen for those 3 years.

• I currently have a temporary visa, but I want to get permanent residency. What is involved in this process? – Transitioning from a temporary visa to permanent residency involves in general figuring out whether you are eligible for a green card, either self-sponsored or sponsored by a relative or employer and filing the necessary applications.

• Are there specific family members I can sponsor for immigration? – Family-based immigration is a very common means of obtaining permanent residency. Usually, a U.S. citizen may sponsor their parent, spouse, sibling, fiancé(e), and/or child. If you are not a citizen but a lawful permanent resident, then in general you may sponsor your husband, wife, and/or child.

• How does a foreign national fiancé of a U.S. citizen who is residing abroad obtain a green card? – In general there are two options: Your U.S. citizen fiancé may petition for a fiancé visa to allow you to enter the U.S. for the purposes of marrying within 90 days of entry and subsequently applying for the green card through adjustment of status, or you may marry your U.S. citizen fiancé and they may sponsor you to obtain an immigrant visa to allow you to enter the U.S. as a permanent resident. We recommend working with an immigration attorney for additional legal advice and protection.