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Frequently Asked Questions

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Frequently Asked Questions

The U.S. immigration system can be complex and confusing, leaving many individuals with questions about their options and legal rights. To provide clarity, the experienced attorneys at Minsky, McCormick & Hallagan, P.C. have compiled answers to some of the most common questions we receive. With decades of focused experience, we are here to provide the guidance you need.

What are the main pathways to getting a green card?

There are three primary avenues to obtaining lawful permanent residency (a green card): through a job offer (employment-based), through a relative (family-based), or through humanitarian programs like asylum. The right path depends on your individual circumstances. Our team will delve into the details of your situation and recommend the most effective strategy.

What is the difference between non-immigrant and immigrant visas?

A non-immigrant visa allows for temporary stays in the U.S. for specific purposes, such as work (H-1B), study (F-1), or tourism (B-2). An immigrant visa, or green card, grants you lawful permanent residency, allowing you to live and work in the United States indefinitely. We assist clients with both temporary visas and the transition to permanent residency.

How can I become a U.S. citizen?

The most common path to U.S. citizenship is through naturalization. Generally, you must be at least 18 years old and have been a lawful permanent resident for five years (or three years if married to a U.S. citizen). You must also demonstrate good moral character, continuous residency, physical presence in the U.S., and an ability to pass English and civics exams. Our firm guides clients through the N-400 application process to ensure a smooth journey to citizenship.

Can my U.S. citizen or permanent resident relative sponsor me for a green card?

Yes, U.S. citizens and lawful permanent residents can sponsor certain family members for a green card. U.S. citizens can petition for spouses, children, parents, and siblings. Permanent residents can sponsor their spouses and unmarried children. The process and wait times vary depending on the relationship. We have been helping reunite families since 1975 and can manage your family-based petition with the care it deserves.

What is the difference between consular processing and adjustment of status?

These are two methods for obtaining a green card. Consular processing is for applicants who are outside the United States and involves an interview at a U.S. embassy or consulate. Adjustment of Status is for eligible individuals already present in the U.S. who wish to change their immigration status to lawful permanent resident without leaving the country. Choosing the correct path is critical, and our attorneys provide the advice needed to avoid costly errors.

What should I do if I am facing deportation?

If you or a loved one receives a Notice to Appear (NTA), it is crucial to seek legal counsel immediately. There may be several defenses available, such as applying for asylum, cancellation of removal, or adjusting your status. Our deportation defense team, which includes a former immigration judge, has the experience to build a strong defense and advocate for you in court.

How can an immigration lawyer help me?

An experienced immigration attorney is your most valuable ally. At Minsky, McCormick & Hallagan, P.C., we ensure your applications are prepared accurately and filed on time, represent you in interviews and court hearings, and help you navigate any obstacles that may arise. We provide the professional support and assurance needed to handle your case with confidence.

Have more questions? Contact us today to schedule a consultation to discuss your specific immigration needs with a dedicated and experienced attorney.

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