Frequently Asked Immigration Questions

Q: My application for citizenship was denied. Do I have any options?

A: Yes! You may file a request for another hearing in front of a different immigration officer within 30 days of the notice of the denial of your application. The new officer will review your application and follow examination procedures. This can include testing the knowledge of the English language or performing another test on U.S civics.

Anyone seeking administrative review must complete Form N-336 and may also include a brief summary of other additional evidence that clarifies why they are eligible for citizenship. We may be able to get your application for citizenship in the United States approved by representing you with the appeal process. Our lawyers are immigrants themselves and they understand well the entire legal proceeding.

Q: What factors are considered in the immigration process?

The United States Citizenship and Immigration Services (USCIS) will take into account several different factors when considering an individual’s immigration petition.

These factors might include the following:

• If the petitioner has an immediate relative, and the relative is a U.S. citizen or permanent resident
• If the petitioner has or will have a permanent job position while in the U.S., and that job is valid under one of the five eligibility requirements for occupations
• If the petitioner will be making a significant investment that meets the minimum required
• If the petitioner qualifies for refugee status—someone facing persecution in his or her home country due to gender, religion, race, political opinion, or affiliation in a certain group or organization

Q: I would like my fiancé to come to the U.S. What is my next step?

A: This non-immigrant visa has several legal requirements that must be met in order for the application to be approved. The couple who is applying must have already met in person at least within the past 2 years, with some exception. Additionally, the marriage must be legal according to the state in which the union will take place. Filing the Form I-129 F, Petition for Alien Fiancée is the first and primary step as well as gathering other documents. They must be taken to the nearest U.S. Citizenship and Immigration Services (USCIS) by the United States citizen that wishes to bring their fiancée to reside in America.

Once the USCIS gives approval of the petition, they get in touch with the U.S. embassy within the home country of the fiancée. Beyond that, the individual wishing to come to the U.S. for marriage must apply for a K-1 visa and be married to their fiancée within 90 days of entering the country. Get in touch with our firm for further information and to see how we can assist you in this process to make it a smooth one!

Q: What should I do if I must undergo deportation proceedings?

A: If you have been given a deportation order or notification of any kind, you will need strong deportation defense immediately. Before you attend any hearings, get in touch with a knowledgeable attorney who can develop a strong case in your favor. You will be asked questions in court to determine the result of your charges and bring forward any evidence or witnesses that may help your case. Without a lawyer who knows the ins and outs of immigration proceedings, you may find yourself in a difficult situation. Do not enter these kinds of situations blindly and alone.

Simon Law Group, PLLC may be able to help you avoid being deported from the country, depending on the circumstances of your case. With an understanding and level of dedication, we can also work to find appropriate evidence to appeal your deportation decision should your application for relief from removal has already been denied.

Q: I am a U.S. business owner who needs to bring a foreign worker under my employment. Is this possible?

A: Absolutely. The first step is to apply for an employment-based visa. These visas are limited in number so it is vital that the Form I-40, Petition for Alien Worker be properly filed with the Department of Labor with accuracy and in a timely manner.

This is typically reserved for foreign individuals with experience in a certain area that fits into one of the following:

• Has exceptional skills that will greatly benefit the U.S. economy
• Is an accomplished researcher or professor that has at least 3 years of education in his or field
• Has maintained an executive position at a business for more than one year and desires to continue to advance in that field
• Can perform specialized labor and has at least 2 years of experience with that skill set
• Is an unskilled worker that will be performing labor for a qualified, more specialized worker and has less than 2 years of experience with that skill set

As the employer, you must also prove that you have the ability to pay forth wages through producing bank statements, financial records, and annual reports. It is also required that you have job experience letters and other documentation that denotes the legitimacy of the job. It can be a tricky and confusing process, but with the help of an educated lawyer, it is entirely possible. We recommend that you do not attempt to petition for a green card for an alien worker without the proper legal assistance.