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Immigration Law FAQ
To apply for US citizenship, you must establish good moral character prior to your naturalization application.
USCIS may look at conduct beyond the one-, three- or five-year period to determine whether you have demonstrated reformed behavior from an earlier period.
If you were ever convicted of murder or if you were convicted of an aggravated felony after November 29, 1990, you are permanently barred from naturalization. Contact the knowledgeable immigration attorneys at Spar Bernstein who understand how criminal convictions may affect your naturalization.
Most naturalization applicants must be permanent residents for five years before being eligible to naturalize.
Spouses of US citizens and people who obtained green cards as abused spouses under VAWA (Violence Against Women Act) are eligible to naturalize after having their green cards for three years.
If you honorably served in the US armed forces for one year, you may be eligible to apply for naturalization.
You can file your naturalization application 90 days prior to reaching the required time frame. For example, if you are applying under the five-year rule, you may submit your N-400 application after being a permanent resident for four years and nine months and 3 days.
Employment immigration allows foreign nationals to immigrate to the U.S. based on a job offer or their unique skills. Some of the visa types available under employment-based categories include:
- EB-1 visa for people with extraordinary ability in the arts, sciences, business, or athletics as well as outstanding professors or researchers
- EB-2 visa for individuals with advanced degrees or exceptional abilities in fields such as science, business, or the arts (read more about the EB-2 visa process)
- EB-3 visa for skilled workers, professionals with a U.S. bachelor’s degree or foreign equivalent, or other unskilled workers
Yes, you can file Form I-130, Petition for Alien Relative, without a lawyer. However, working with an immigration attorney can be beneficial for navigating complex cases or ensuring compliance with immigration laws.
Partnering with a lawyer can often expedite the Green Card process, especially when filing Form I-485, as they ensure that your application is accurately completed and all necessary documents are submitted on time.