Immigration FAQs2021-11-15T12:46:22-05:00

Immigration FAQs

Our Immigration Attorneys answer the most frequently asked questions about immigrating to the United States. From how long it takes to whether you can work or get married, from forms to adjustments, and sponsorships to asylum, our attorneys worked hard to anticipate and answer all your questions in one easy place. 

What Are The Benefits of Becoming a Citizen?2021-11-15T12:22:00-05:00

Immigration Attorney McCathern Painter discusses the great benefits to those legal permanent residents who decide to become full citizens of the United States even though they can reside in the country for their entire lives without changing their status.

  • Legal permanent residents, or green card holders, must comply with certain statutory requirements to remain in the United States. They are still susceptible to deportation for criminal convictions and must spend at least 51% of their time in the U.S. Citizens, on the other hand, need not comply with any requirements to maintain citizenship and cannot be deported, although they are subject to other criminal consequences.
  • Citizens are allowed to vote whereas permanent residences who vote or even register to do so will be barred from holding legal status in the U.S. permanently. This means citizens have some say in the governing of the country and their city while permanent residents do not.

Citizenship is a powerful protection with many benefits for immigrants who wish to remain in the United States their entire lives. If you or someone you know has questions about residency or citizenship, call one of our Immigration Attorneys at Dummit Fradin today!

What Are the Top 3 Immigration Interview Mistakes?2021-12-01T10:51:15-05:00

North Carolina Immigration Attorney Devon Senges discusses the top 3 mistakes she sees green card applicants make and how to avoid them. The first mistake she sees is when they don’t prepare at all. It’s extremely important that applicants sit down with their attorneys, go over their information, and make sure they update any necessary information. The second mistake is not bringing all requested documentation. Forgetting to bring the necessary documents could delay the process or even be grounds for denial. The final mistake is lying. Lying or hiding the whole truth can make the situation worse, so always be honest with your Immigration Attorney. If you have an upcoming green card interview, be prepared and call one of our Immigration Attorneys today!

How Does a Criminal Charge Affect My Immigration Case?2021-11-11T12:16:06-05:00

Immigration Attorney McCathern Painter discusses how a criminal charge could negatively affect an immigration case. A criminal charge refers to the time between a formal accusation of a crime and the point of conviction. During this time, ICE officials will have access to the charges including information like an address and could decide to pursue an immigration case. Depending upon an immigrant’s status and the charge itself, there may be no bail option in an immigrant detention center. Then, after the charge is decided by a judge, the immigrant may be susceptible to deportation. Therefore, it’s imperative when any immigrant is formally charged with a crime that they have both their Criminal Attorney as well as their Immigration Attorney present so they can tailor their defense to meet both needs. If you’ve been charged with a crime and are unsure how that affects your immigration status, call one of our Immigration Attorneys today! We can help!

3 Reasons Why Your Green Card Might Get Denied2021-11-11T13:47:12-05:00

Immigration Attorney McCathern Painter explains the top 3 reasons a green card application might be rejected. These are by no means the only reasons for rejection, of course, only a few of the more common reasons. Violent crimes will automatically and immediately cause a rejection, such as murder, kidnapping, or sexual violence. Non-violent crimes can also result in rejections. However, pardons can be applied for in some instances, like in the case of illegal entry into the country by the spouse of a US citizen. Timing also becomes a reason for rejection if someone of Special Immigrant Juvenile Status applies before a green card is available, or if someone here on a Visa does not follow the policies and procedures necessary to stay here legally. As you can see, the green card application process is tricky and each case is unique. To discuss yours, talk to one of our experienced Immigration Attorneys today.

How Long Does it Take to Get a Green Card Through Marriage?2021-11-11T15:30:40-05:00

Immigration Attorney McCathern Painter discusses the process, some of the situations that frequently arise during green card applications, and how this may affect the timeline.

  • The simplest case is one where a US citizen marries a non-citizen who came into the country with permission. The citizen will need to file a family petition for their spouse and then prove the validity of their marriage. The green card application can be submitted at the very same time. This process, from beginning to end, generally takes between 3 and 4 years.
  • If one entry was effected without permission then a step is added which waives the unlawful entry but only if extreme hardship to the spouse can be established. This decision usually takes over a year, on top of the 3 to 4 standard process, and necessitates the immigrant leaving the country to end up with a green card.
  • When a U.S. citizen is married to a non-citizen and they are in their home country, the green card application needs to be processed through the U.S. embassy in that country and the interview scheduled there. This process only takes 1 to 2 years.
  • If instead of being married to a U.S. citizen, the immigrant is married to a legal permanent resident of the U.S., the process doesn’t change except that they must wait for a visa to become available before they can apply.

If you or your spouse have questions about your eligibility to receive a green card or the green card application process, give one of our experienced Immigration Attorneys a call today! Let us help!

How Do I Prove My Marriage Is Real for a Marriage-Based Green Card?2021-11-11T15:45:44-05:00

North Carolina Immigration Lawyer Devon Senges shares her top 3 tips on how to prove your marriage is bona fide for your marriage-based green card application interview. Tip 1) Get organized, and keep all your documents in the same place. Tip 2) Don’t wait until the last minute. And don’t throw anything away! Gather the documents you need now. Tip 3) Get experienced advice. At Dummit Fradin, we have helped many immigrants prove their marriage is bona fide for their I-130 marriage-based green card, so give one of our Immigration Attorneys a call today!

How Does a U.S. Citizen Sponsor Their Parents for a Green Card?2021-11-12T11:50:08-05:00

North Carolina Immigration Attorney Devon Senges describes the steps necessary for US citizens to sponsor their parents for a green card. First, they need to submit an I-130, which is a form that confirms you are related to the person you are sponsoring. Once your family-based petition is approved, you need to figure out if your parent needs a waiver. If they have any criminal or immigration violations, they may need one of these. Finally, you must submit the completed application to the appropriate office, which may or may not be in your parent’s home country. As you can see, applying for a family-based green card is complicated, but our experienced North Carolina Immigration Attorneys can help! Give us a call today!

What is Special Immigrant Juvenile Status and How Do You Get It?2021-11-12T13:10:03-05:00

Immigration Attorney McCathern Painter discusses Special Immigrant Juvenile Status, who is eligible, and the process to get it.

  • What is Special Immigrant Juvenile Status?

Special Immigrant Juvenile Status or SIJS provides a path to residency for children living in the United States who have been abused, abandoned, or neglected by one or both of their biological parents.

  • How do you get it?

The process has three steps. 1) You must go to a family court and have a judge issue a custody order stating the minor child has been abused, abandoned, or neglected by one or both of their parents, that reunification is not possible, that the child has been declared a dependant upon the juvenile court, and that it would not be in their best interest to return to their home country. 2) After the order has been issued, the child can apply for SIJS. This is a fairly simple application and generally takes between 6 months and 2 years for a decision. 3) After the SIJS visa has been approved, the child must wait for a permanent visa or green card to become available before they can apply for residency. This generally takes between 2 and 4 years.

  • Who can begin this process on the child’s behalf?

You can begin the SIJS process for any child living in your care, it does not have to be your biological child.

So if you have or know a child living in the United States without legal status and you think they may qualify for Special Immigrant Juvenile Status, call one of our experienced Immigration Attorneys today. Let them start going over the case.

What Are The Pros and Cons of Special Immigrant Juvenile Status?2021-11-12T15:51:25-05:00