Learn the Answers in These Immigration FAQs

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A qualified immigration law firm in Los Angeles assists clients with the full spectrum of immigration matters. Learn some answers to common questions here and contact a knowledgeable lawyer for comprehensive Los Angeles immigration service.

Call 323-391-3932 or use the online contact form for assistance with your immigration case from a qualified lawyer near you.

Do I need a visa to visit the United States?

In most cases you do need a visa to enter the United States, with a few exceptions. For example, you may be exempt if you are a tourist from a country that participates in the Visa Waiver Program (VWP).  Canadians who qualify as a NAFTA professional can also enter the country without a visa.

What is a nonimmigrant visa?

A nonimmigrant visa is issued to foreign visitors entering the United States as temporary guests. Types of nonimmigrant visas include those issued for temporary workers, tourists and students. In most cases you must intend to leave the United States by the expiration of your authorized stay. You risk exclusion if an officer determines that you lack immigrant intent — meaning plans to leave the country.

Am I in trouble if I overstay my visa?

Overstaying your authorized allotted stay is a violation of immigration laws and can result in deportation with long-term repercussions. If you leave the country after accumulating more than six months of illegal presence, you are barred from enter the country for three years unless you qualify for a waiver. More than one year of illegal presence bars you from the United States for 10 years. Do not leave the country without first discussing with a lawyer how you can obtain relief from the 3/ 10 Year Bar rule.

Am I allowed to work in the United States?

You cannot work in the United States without specific authorization to do so. If you have entered the country on an employment visa, you must abide by its parameters regarding your duties, pay, length of employment and location. In some cases you may be permitted to apply for an Employment Authorization Document — or EAD — that allows you to work in any job while in your current status.

I received a Notice to Appear from ICE, what should I do?

Take a Notice to Appear seriously. You should contact a lawyer immediately to discuss your rights. You may be eligible to apply for withholding of removal and a waiver granting you relief. You should appear at the place and time indicated by the NTA prepared to admit or deny the allegations it contains.

Can my foreign spouse obtain a green card?

In most situations, a spouse of a U.S. citizen is eligible for a green card. However, applying for permanent residency may trigger deportation proceedings of an individual who has entered the country illegally or has a criminal record. A qualified attorney can determine whether your spouse is then eligible for a waiver.

Can I apply for citizenship even though my spouse and I are divorcing?

Spouses of U.S. citizens can apply for naturalization three years after they receive their green card if they meet all other qualifications. If you divorce, you can apply for naturalization after five years as long as you meet all other criteria.

Can my fiancé(e) and I plan our wedding in the United States?

If you are a U.S. citizen, your fiancé(e) is permitted to travel to the United States to marry you under a fiancé(e) nonimmigrant visa.  When making wedding plans, take into account that your fiancé(e) may encounter processing delays. However, you must marry within 90 days of your fiancé(e)’s arrival or the visa expires and cannot be renewed. For this reason, many couples choose to engage in a civil ceremony that requires only a few days’ notice and plan a more elaborate wedding ceremony after their civil marriage.