Immigration FAQs
What is the difference between a green card and a visa?
A visa allows a foreign national to enter the U.S. temporarily for a specific purpose, such as work, study, or tourism. A green card (Permanent Resident Card) grants lawful permanent residence, allowing individuals to live and work in the U.S. indefinitely.
Can I work in the U.S. while applying for a green card?
It depends on your current visa status. Some visa holders (e.g., H-1B workers) can continue working while adjusting their status. Others, like tourist visa holders, generally cannot work. If eligible, you may apply for a work permit (Employment Authorization Document – EAD).
How long does it take to get a green card?
Processing times vary based on the type of green card application:
- Family-based green cards: 12 months to several years, depending on the relationship and country of origin.
- Employment-based green cards: Varies from 1-5 years, depending on the category and visa bulletin priority dates.
- Diversity Visa Lottery: Around 12-18 months.
Can a green card be revoked?
Yes, a green card can be revoked if the holder:
- Commits fraud in obtaining the card
- Abandons U.S. residency (spending extended time abroad without a reentry permit)
- Commits certain crimes
- Violates immigration laws (such as false claims to U.S. citizenship)
Who can be deported?
Any non-U.S. citizen, including visa holders and green card holders, can be deported for:
- Violating visa terms (e.g., unauthorized work)
- Committing certain criminal offenses
- Engaging in fraudulent activity
- Failing to maintain legal status
What types of visas are available to come to the U.S.?
There are two main categories:
- Non-immigrant visas (temporary): Tourist (B-2), student (F-1), work (H-1B, L-1), business (B-1), and others.
- Immigrant visas (permanent): Family-sponsored, employment-based, diversity lottery, and refugee/asylum status.
What if my visa expires while I’m in the U.S.?
If your visa expires while in the U.S. but you have a valid I-94 (admission record), you may still be in lawful status. If your visa and authorized stay expire, you risk overstaying, which can lead to deportation or bans on future entry.
How long can I stay in the U.S. with a visa?
Your visa allows you to seek entry, but your I-94 determines your authorized stay. For example:
- B-1/B-2 tourist visas typically allow stays of up to 6 months per visit.
- F-1 student visas allow stays as long as you remain enrolled.
What is a green card?
A green card grants lawful permanent residency, allowing individuals to live and work in the U.S. indefinitely. It does not grant U.S. citizenship but may lead to it through naturalization.
Does marriage to a U.S. citizen confer a green card?
Marriage to a U.S. citizen allows a foreign spouse to apply for a marriage-based green card, but it is not automatic. The couple must prove a bona fide marriage, and if the marriage is recent, the spouse may be subject to conditional residency for two years.
What are the options for my fiancé if they live abroad?
You may apply for a K-1 fiancé visa, allowing your fiancé to enter the U.S. for marriage. The marriage must occur within 90 days of entry, after which they can apply for a green card.
How can I sponsor a family member to come to the U.S.?
U.S. citizens and green card holders can sponsor family members by filing a Form I-130 (Petition for Alien Relative). Processing times depend on the relationship and visa category. Spouses and minor children of U.S. citizens have the fastest processing times.
When can I apply for U.S. citizenship?
To apply for naturalization, you must:
- Be a green card holder for 5 years (or 3 years if married to a U.S. citizen).
- Have continuous residence in the U.S.
- Pass an English and civics test.
- Demonstrate good moral character.
How can I employ a foreign worker?
Employers can sponsor foreign workers through employment-based visas such as H-1B, L-1, O-1, or PERM-based green cards. The process often requires labor certification and proof that no qualified U.S. workers are available.
Do criminal charges impact my visa status?
Certain criminal charges can lead to visa revocation, denial of renewal, or deportation. Crimes of moral turpitude, drug offenses, fraud, and domestic violence can have severe immigration consequences.
Am I allowed to drive in the U.S.?
Most states allow foreign visitors to drive with a valid foreign driver’s license, but some may require an International Driving Permit (IDP). Long-term residents may need to obtain a state-issued driver’s license.
Can I work while my green card is pending?
You may apply for a work permit (Employment Authorization Document – EAD) while waiting for your green card approval. Without an EAD, you cannot legally work unless you already have work authorization through a visa.