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Frequently Asked Questions, This page is divided into several parts: (1) Coming to the United States; There are also several specialized topics: (1) Latest News; (2) President Bush’s proposal for a Temporary Worker Program, and (3) Gay and Lesbian Immigration Issues. Scroll down for more information, and if you have any questions, please contact Jason Dzubow at (202) 328-1353 or Jason@LawMavens.com. (1) COMING TO THE UNITED STATES In order to come to the United States, most people need a Visa. There are many types of visas, though they can be divided into two basic groups: Immigrant Visas and Nonimmigrant Visas. Immigrant Visas are for people who want to come to the United States to live permanently. It is often very difficult to obtain such a visa. The main ways to obtain an Immigrant Visa are: w Family-Based Immigration It is usually easier to get a Nonimmigrant Visa to the United States. In many cases, people come to the U.S. temporarily using a Nonimmigrant Visa and later obtain an Immigrant Visa and stay here permanently. The main ways to get a Nonimmigrant Visa are: w Tourist Visa In addition, President Bush has recently proposed a Temporary Worker Program to allow people without legal status to work legally in the United States for 3 years. This is only a proposal and not currently a law. Click here for more information about the proposed Temporary Worker Program. I am able to assist you with all types of Visas. For more information, please contact Jason Dzubow at (202) 328-1353 or Jason@LawMavens.com. (2) CITIZENSHIP The most common way to become a US Citizen is to be born in the United States or to be born to a US Citizen parent (or parents). You may also become a citizen through the process of Naturalization. In order to naturalize, you must first have a Green Card (see part 1, above, for ways to get a Green Card). If you obtained your Green Card through marriage to a US Citizen and you are still married, you may apply for your citizenship 3 years after the date you received your Green Card. If you received your Green Card in any other way (or you are no longer married to the US Citizen), you must wait 5 years. In either case, you may mail your application to USCIS 90 days before you are allowed to apply. The form used to apply for citizenship is the N-400. WARNING: If you have been arrested or convicted of a crime, you should consult an attorney before you apply for citizenship. Failure to do so could result in your deportation and permanent removal from the United States. I specialize in criminal immigration matters and would be happy to assist you. Please contact Jason Dzubow at (202) 328-1353 or Jason@LawMavens.com. Some people may be US Citizens but may not know it and/or may not have any proof that they are US Citizens. If you are the child or grandchild of a US Citizen, you may be able to claim US Citizenship. The procedure for proving that you are a US Citizen can be difficult, especially if your US Citizen relative is deceased. The form used to claim US Citizenship is the N-600. For a list of frequently asked questions about US Citizenship please click here. (3) POLITICAL ASYLUM If you are afraid of being harmed or persecuted in your home country because of your race, religion, nationality, political opinion or membership in a particular social group and you are in the United States, you may be eligible for political asylum. The form used to apply for political asylum is the I-589. The application process for asylum can be very complicated; it is recommended that you consult an attorney for assistance in this matter. I specialize in asylum law. For more information, please contact Jason Dzubow at (202) 328-1353 or Jason@LawMavens.com. Click here for a list of frequently asked questions concerning political asylum. IMPORTANT: You must apply for political asylum within one year of arriving in the United States. If you apply after one year in the US, you will not be eligible for political asylum. However, if conditions in your country changed while you were here and now you are afraid to return home, you may be able to apply for asylum. In addition, if you have been arrested or convicted of a crime, you might not be eligible to receive political asylum in the United States. People not eligible for political asylum may be eligible for Withholding of Removal or relief under the Convention Against Torture. Although these forms or relief are inferior to political asylum, you will not be returned to your home country until the situation there improves. Green Cards for people granted political asylum: You may apply for your Green Card one year after you are granted asylum. The current waiting time is approximately 4.5 years. Click here to see the exact processing time; choose the Northern Service Center (Nebraska), then look for “I-485 Application to Register Permanent Residence or to Adjust Status, Based on grant of asylum more than 1 year ago.” (4) CRIMINAL IMMIGRATION MATTERS The immigration consequences for conviction of a crime are very severe. If you have been arrested or convicted of a crime it is very important that you consult an immigration attorney before you apply for any immigration benefit (such as your Green Card or Citizenship). If you apply for an immigration benefit and USCIS learns about your criminal arrest or conviction, they may deport you. If you are deported on the basis of a criminal arrest or conviction, you could be barred for life from returning to the United States. I specialize in criminal immigration matters and would be happy to assist you. Please contact Jason Dzubow at (202) 328-1353 or Jason@LawMavens.com. IMPORTANT: If you have been arrested and are currently being prosecuted for a crime, you should be sure that your defense attorney knows that you are not a US Citizen. Your defense attorney should research the immigration consequences of a conviction before you plead guilty or go to trial. If your attorney needs assistance with this, please contact me, as I can do all the necessary research. (5) IMMIGRATION COURT AND APPEALS Generally if your case is in immigration court, you should have a lawyer. Unlike a criminal case, the government will not provide a lawyer for you if you cannot afford to hire one. I worked for the Immigration Courts in Arlington, Virginia, Atlanta, Georgia, and Philadelphia, Pennsylvania and I am available to assist you with criminal matters, political asylum, removal proceedings, and other cases in the Immigration Court. In addition, I can assist you with the appeal of your case to the Board of Immigration Appeals and with matters in United States federal court (such as appeals, Habeas Corpus, and Mandamus). My fees are very reasonable. For more information, please contact Jason Dzubow at (202) 328-1353 or Jason@LawMavens.com. To learn more about the Immigration Courts and the Board of Immigration Appeals, please visit the website for the Executive Office for Immigration Review.
* The information on this website is not legal advice, nor is it intended to be legal advice. You should consult an attorney for specific advice concerning your own situation.
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