Immigration FAQ's

1.How Do I Appeal the Denial of My Petition or Application?

If you are turned down for an application by the USCIS, you may have an opportunity to appeal the decision before a higher authority. However, the courts mandate that you follow the appeal process with strict regard to the deadlines and timelines.


2.Where Can I Find the Law?

The power has been given to the Administrative Appeals Office (AAO), in determining whom may become eligible for an appeal by the Department of Homeland Security. However, there is but one exclusion to this process. Appeals regarding the acceptance of schools are now given to the Immigration and Customs Enforcement.


3.Who May Appeal?

The only person that is allowed to file an appeal before the AAO, is the person that filed the application. However, the person that filed the appeal may so choose to have their legal counsel or attorney present at the time of facing the appellate division.

The content of this article is provided for informational purposes only. If you need legal assistance for an immigration issue, please consult with an Immigration Lawyer in your area to discuss the details of your case.

4.Change of Address

It is also mandatory for any alien who has been designated as a "special registrant" under 8 CFR § 264.1(f) to inform USCIS whenever he or she has a change of address, employment or school. There are very strict guidelines for aliens to follow so it is important that they stay in compliance with the USCIS.


5.Who is born a United States Citizen?

If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship.


6.How do I become a naturalized citizen?
If you are interested in becoming a citizen of the United States, there are certain criteria that you must first meet before you are eligible for naturalization. In order to qualify, you must fill out a form with the United States Immigration and Naturalization Service to determine your eligibility.


7.Will USCIS provide special accommodations for me if I am disabled?

There are cases where the USCIS will offer assistance to those that are in need of specialized accommodations to ensure that they have as fair a chance at the application process as those that are not impaired. For example if a disabled person is confined to a wheelchair the USCIS provides fingerprinting equipment for those that cannot reach the traditional equipment.


8.Who are protected individuals?

Regarding the protection of individuals from employment or workplace discrimination, those that are legally allowed to work in the U.S., permanent residents, temporary residents or those that are here with a status of asylum are protected. Those people that are here illegally or whom have not complied with the naturalization process are not protected.


9.Do citizens and nationals of the U. S. need to prove, to their employers, they are eligible to work?

Most certainly. Every U.S. citizen must prove their eligibility by filing an I-9 form, also known as an Employment Eligibility Verification Form. Though all U.S. citizens are automatically qualified to work in the U.S., the government requires that they provide proof of this eligibility before be accepted for employment by their employers.


10.Do I need to complete a Form I-9 for everyone who applies for a job with my company?

No. You need to complete Form I-9 only for people you actually hire. For purposes of the I-9 rules, a person is "hired" when he or she begins to work for you for wages or other compensation. There are no guidelines which require a prospective employee to fill out an I-9 prior to be hired.

The content of this article is provided for informational purposes only. If you need legal assistance for an immigration issue, please consult with an Immigration Lawyer in your area to discuss the details of your case.

11.Can I fire an employee who fails to produce the required document(s) within three (3) business days?

Yes. The law requires that an employee produce the required documentation to prove their eligibility to work in the U.S. or a receipt of the application to receive replacement documentation within three business days of their employment. However, this must not be an isolated incident – all employees are to be treated equally.


12.What is an H-1B?

An H-1B visa is a temporary visa that is either for business or pleasure depending on the classification of the visa. There are two different types of H-1B visa’s which are similar yet are only for the temporary stay of a foreigner in to the United States. The law requires proof of intent for those that are requesting H-1B visas.


13.How long can an alien be in H-1B status?

Currently the law only allows for a temporary status of up to six years. After that period, the alien must remain outside of the United States for no less than a one year period. Upon completion of the one year minimum requirement, the alien may then be allowed to reapply for their H-1B visa.


14.Who can an H-1B alien work for?

Aliens may only work for the petitioning employer and only perform the work duties which are set forth in the H-1B activities which are described in the petition. Only if the rules of the Department of Labor are followed may the petitioning employer place the H-1B worker outside of the workplace and on to the workplace of another employer.


15.What if the alien's circumstances change?

An alien will not necessarily lose their work status as long as they comply with the terms of the H-1B visa. The alien may be able to regain employment by an employer that files a new form I-129 which is a petition for the alien to work.


16.Must an H-1B alien be working at all times?

As long as the relationship between employee and employer exists the status for the H-1B worker is still in effect. H-1B workers are allowed to work similarly to that of a naturalized citizen in that they may take vacation, sick leave, leave of absence, maternity leave or strike.


17.How many immigrants actually enter the United States legally each year?

Since the year 2000, the United States of America has allowed about one million immigrants to the country each year.  Of these one million new immigrants annually, an estimated sixty percent are immigrants already legally within the United States that are changing their immigration status.  In the year 2006, the Census Bureau tabulated the total number of immigrants legally residing in the United States under some fashion of immigration visa to be nearly thirty-seven and a half million individuals.


18.How many immigrants are estimated to enter the United States illegally each year?

Given the unaccountable and uncontrolled nature of illegal immigration, exact figures of the total number of illegal immigrants entering the United States annually is difficult to exactly define.  However, most credible sources note that an estimated one and half million to seven hundred thousand immigrants will enter the United States illegally each year. 


19.What is the total number of illegal immigrants estimated to be living within the United States?

Though exact figures are difficult for any reporting agency to factually obtain and assess, the general consensus among credible immigration interest groups and the federal government is that an estimated twelve to twenty million illegal immigrants currently reside in the United States with possibly as much as one and a half million more illegal immigrants joining this population each year.


20.What are the top ten countries from which most immigrants leave to enter the United States?

According to the United States Census Bureau in 2000, along with figures from the Yearbook of Immigrant Statistics in 2004, the top ten immigrant countries of origin for those entering the United States are as follows in order of most immigrants to least:  Mexico, India, China, Philippines, Vietnam, El Salvador, Dominican Republic, Canada, Korea, and Cuba.

The content of this article is provided for informational purposes only. If you need legal assistance for an immigration issue, please consult with an Immigration Lawyer in your area to discuss the details of your case.