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FAQ

Frequently Asked Questions

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We have compiled all the immigration-related questions that our clients asked and the answers to them. However, keep in mind that these are just for doubt clearance, and DO NOT take it as legal advice for your particular issues. The immigration matters are very complex, and the procedures change according to the case. So always contact an immigration lawyer for legal advice and other immigration-related issues.

‘Green Card’ is the commonly used term for the ‘lawful permanent residency’ card issued by the USCIS. You can use that card as proof of your US permanent residency. You can get a green card on several grounds, such as family, employment, or other means.

The petition that one files to get a legal permanent residence in the US is an immigration petition. And the petition one files to get a temporary residence in the US, especially during employment, is called a non-immigrant petition.

No, you have to apply for that, and it will take three months to two years to get the legal permanent resident status.

It will always be better to have an immigration attorney as the immigration procedures are very complicated. A good immigration lawyer can make the process easy for you and save you from the headache of follow-up procedures. To make your petition strong and get a favourable decision, you will have to gather evidence and present it effectively. An experienced attorney makes it smooth for you and gives you guidance in making the right decision throughout the process. At Sadri Law Firm, our immigration attorneys take personal responsibility for each case and are your immigration partner.

Here are the factors that determine how a foreign spouse can immigrate to the US:

Whether the foreign spouse is presently residing in the US or is abroad. For the first case, you can simply apply for the change of status. If they are abroad, they require counselling processing of the immigrant Visa.

Whether the US-based spouse( petitioner) is a US citizen or a permanent resident.

If the US-based spouse satisfies the income requirement for sponsorship.

The US citizen can file a Fiancé Visa Petition to sponsor them, or you can marry the spouse in their native country or a third country and apply for a spouse Visa. Each situation demands different treatment, evidence, and procedures, and the impact will also be different. It also is a factor that determines the time at which the foreign spouse can enter the US legally. Contact an attorney to know the right procedure for your situation.

There are two options for a person to come to the US; temporary basis and permanent basis. And the immigration options depend on your specific circumstance; an immigration attorney can access it and provide you with the right guidance. One factor that mainly affects the immigration options of a family member is your relationship with that individual. If that person is your immediate relative, they will easily have a Visa to immigrate to the US. If the person is not a close relative, then there can be a delay in Visa approval. Ensure the assistance of an immigration attorney to make the procedure easy.

The eligibility to obtain US citizenship depends on several factors. The main criteria are that you will need five years of legal permanent residency in the US. Three years will be enough in case the petitioner is married to a US citizen. To get the easiest option for filing a petition for citizenship, hire an experienced immigration attorney.

You can always apply for an Asylum or Temporary protected status, the two relief Visas that the US provides. The procedures are complex, so file a petition with the help of an immigration attorney of Sadri law firm. They will assess your case and give you an honest opinion on the chances of getting the status.

There are so many options for the victims of domestic violence in the US. First things first, go to a domestic violence shelter to protect yourself from further abuse. If that is not possible, dial 911 and inform them about your situation; they will take you to the shelter. The Visa option for an immigrant victim of violence can apply for the Violence Against Women Act (VAWA). Under this act, any immigrant victim of violence, men, women, or children gets a Visa. Consult our VAWA attorney to get the right insight on how to apply for the VAWA.

Definitely. If you are a victim of any sort of violence or criminal offense in America, even if you do not have any status, you should report the crime. You can use the crime report to file a petition for a Visa under VAWA; it will make your plea stronger. Get the service of a VAWA lawyer to help you through the lengthy procedures.

The US government would ask you for a waiver in case of Unlawful Presence or misrepresentation. And in most cases, you won’t get much time to submit the waiver, so hire an experienced attorney for the Job. The immigration attorneys of Sadri Law. PC has years of experience in preparing I-601, I-601A, and I -212 waivers.

You have to definitely appear at the Immigrations office; otherwise, you will receive a deportation order. To have the right representation during the hearing, get the service of an immigration lawyer from the Sadri firm.

Even minor convictions and criminal charges can have a significant effect on your residency status in the US. Contact our lawyers to discuss the type of conviction and its effects on status.

First of all, you should find a school with SEVIS approval. The procedures can be confusing at times, so contact an immigrant attorney. They will guide you through the complicated procedures.

We suggest you visit the official websites of the Department of the State,  https://travel.state.govl, and/or the United States Citizenship Immigration Services, https://www.uscis.gov./. Remember that official websites end with a .gov and never a .com. If you are still confused about the legal procedures, don’t hesitate to reach out to the Sadri law firm.

Section 214(b) considers every Visa applicant as an intending immigrant. So if you are applying for a visiting Visa, you should demonstrate that you have non-immigrant intent. That is 214(b) refusal.

The denial of section 221(g) means that the evidence you submitted in front of the consular officer is not sufficient to prove your eligibility for a Visa. If your Visa application was denied due to this section, contact an immigration attorney.

Any foreign individual planning to come to the uS solely for treatment purposes should apply for a visiting Visa. To learn about the chances of getting a visiting Visa, contact Sadri law firm.

Being a permanent resident of the US does not mean that you have the full right to vote. So always consult an immigration attorney before voting or registering yourself to vote. You can vote in elections that do not ask for proof of citizenship, like local and state elections. Unlawful voting can even lead to deportation procedures. So if you have voted or have registered to vote, contact an immigration attorney immediately.

Evidence is a crucial factor that influences the decision, so make sure you respond to it carefully. Discuss with our immigration lawyers to know how to respond.

Many times, the government denies the case due to the lack of proper evidence or improper representation. So contact an experienced immigration attorney to resolve the issue and get a better decision.

You can find the norms to avail a social security number on the website of the Social Security Administration. Or you can directly contact them on SSA toll-free at 1-800-325-0778 or 1-800-772-1213 (for the deaf or hard of hearing).

 

About Elham Sadri

As the founding attorney of the San Jose-based immigration law firm Sadri Law, PC, Elham Sadri has a reputation for passionate advocacy and insightful legal counseling. Elham is a seasoned expert in Nationality and Immigration Law and specializesin subjects such as removal defense, custody, asylum, green cards, visas, and naturalization. She is dedicated to keeping families together through successful representation in immigration cases across the United States.

While still a student at the PennState Law Center for Immigrants’ Rights, Elham took an active role in developing immigration solutions specifically for non-citizen crime victims, including survivors of domestic violence and sexual assault. Because of her storied involvement in immigration issues, she has been interviewed by the Voice of America and other media outlets as an immigration law expert.

After earning her law degree, Elham founded a non-profit community-based forum for Iranian residents in Philadelphia and co-founded the Iranian Lawyers in North America group, which was recently partnered with the National Iranian American Bar Association.

Elham is the author of the Persian book An Introduction to LLM Programs, which serves as an introduction to American legal studies for Iranian students. She also hoststhe bi-weekly talk series “Iranian-American Women in Law,” which focuses on empowering minority female lawyers in taking leadershiproles.

Elham’s volunteer work with the Philadelphia Bar Association received recognition from the Chancellor of the Philadelphia Bar Association and the Mayor of Philadelphia. As a member of the New York state bar, she is also an active member of the AILA (American Immigration Lawyers Association) and the IABA (Iranian American Bar Association). Elham is an Executive Committee member of AILA Santa Clara Valley, an Advisory Council member of AILA NorCal, Advisory Committee member of NorCal IABA, and Boardof Directors ofIABA National.

Elham enjoys helping her clients and fighting for their rights in her representation. Elham works with her clients as a team and keep her clients involved throughout of the process.

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