FAQs

A permanent resident may petition a spouse or unmarried daughter or son for permanent residence. A U.S. citizen may petition any of these relatives, and may also petition a parent, sibling, or married daughter or son.

Immediate relatives (parents, spouses, and unmarried children under 21) of US citizens are not subject to any caps, so they are eligible for permanent residence “immediately.” Even for these cases, however, the processing time for the application can be many months or even years.

For all other family-based immigration, the wait time depends on the priority date (the date the petition was submitted), and can be many years. Each month, the US Department of State issues a visa bulletin indicating the priority dates being processed for each category of relative and each country. Looking at the visa bulletin can give a rough estimate of the amount of time it is likely to take before an approved petition becomes “current.”

In most cases, an immigrant who is currently in valid nonimmigrant status (such as a student or work visa) will be able to adjust status—i.e., apply for a green card—without leaving the United States. Immigrants who are out of status are generally required to leave the country to apply for immigrant visas from their home countries.

An immigrant has been out of status for six months or more may be subject to a bar to reentry after leaving. There are waivers available for certain immigrants in this situation if they can prove hardship to a close relative who is a US citizen or permanent resident.

A major exception to this general rule is that immediate relatives (parents, spouses, and unmarried children under 21) of U.S. citizens, if they entered the country legally (i.e., they had a valid visa or were not required to have a visa and were inspected upon entry by an immigration officer), are exempt from the requirement to depart the country, even if they are out of status. They may apply directly for a green card from within the United States.

It is very important to contact an attorney if the intending immigrant is out of status.

Yes. On June 26, 2013, Section 3 of the Defense of Marriage Act (DOMA), which had prevented the immigration service (USCIS) from recognizing same-sex marriages for the purposes of immigrant petitions, was overturned by the US Supreme Court. Same-sex marriages are now treated in the same manner as any other marriage for immigration purposes.

In general, asylum seekers are required to apply for asylum within one year of arriving in the United States. There are exceptions, however, for people who do not apply within the first year because of “changed circumstances” or “extraordinary circumstances.” Determining whether there is an exception to the filing deadline is complex and requires an individual analysis for each potential asylum applicant. If you have been in the U.S. for more than one year, you should consult an immigration lawyer to determine your eligibility for an exception.

It is impossible to answer this question. In very rare circumstances, an asylum application may be adjudicated within a few months but most cases take many years.

If your application for asylum is not decided within six months of filing the application, you may be eligible for work authorization until your case is decided.

Yes. LGBTQ+ people have been recognized as a “particular social group” for the purposes of political asylum for many years. If you fear persecution because of your sexual orientation or gender identity, or even because other people perceive you as LGBTQ+ (whether you are or not), you may be eligible for asylum.

Under the law, a person may be eligible for asylum if they fear persecution because of “race, religion, nationality, membership in a particular social group, or political opinion.” Each of these categories is complex and poorly defined so it is important to understand the law thoroughly to determine how they apply to each individual case. If you fear returning to your country for any reason, it is wise to consult a lawyer to determine whether you may be eligible for asylum.