FAQ

FAMILY BASED IMMIGRATION

Processing times can vary, but our attorneys will keep you informed throughout the process.
Yes, your fiancé can apply for employment authorization after arriving in the U.S.

Failing to marry within the 90-day period could result in visa expiration.Our team can guide you on this timeline. 

Yes, children of the fiancé can be included on a K-2 visa.
You have the option to appeal a denied visa application, and our experienced attorneys can assist you in this process.
The minimum investment amount varies depending on the specific investor visa program. For example, the EB-5 Immigrant Investor Program generally requires a minimum investment of $1.8 million in a new commercial enterprise or $900,000 if the investment is in a targeted employment area (TEA). The E-2 Treaty Investor Visa program does not have a specific minimum investment amount, but it generally requires a substantial and irrevocable investment.
Some investor visas, such as the EB-5 Immigrant Investor Program, can lead to lawful permanent residency in the U.S. Others, like the E-2 Treaty Investor Visa, do not directly lead to permanent residency but can be renewed indefinitely as long as the investor meets the visa requirements.
The type of business you can invest in may vary depending on the specific investor visa program. In many cases, the business must be a new commercial enterprise or fit certain criteria related to job creation and economic impact. There may be restrictions or preferences based on the program’s requirements.
Some investor visas, like the EB-5 program, have job creation requirements. The number of jobs and the timeframe for job creation vary by program. Job creation is typically verified through documentation provided by the investor and the business, such as payroll records, I-9 forms, and business financial records. Regional centers, if applicable, may also assist in job creation verification for EB-5 investors.
Creating a well-structured business plan is a crucial step when applying for an investor visa in the U.S. A comprehensive and compelling business plan will help demonstrate to immigration authorities that your investment is viable, will create jobs, and aligns with the goals of the specific visa program you are applying for. When preparing a business plan, you’ll generally want to consider the following: visa program requirements, executive summary, business description, market analysis, management and ownership structure, investment details, financial projections, job creation plan, legal and regulatory compliance, and risk assessment. Our qualified legal team can assist you in reviewing and/or preparing the business plan on your behalf.
Generally, you must be a permanent resident (green card holder) for at least five years, or three years if married to a U.S. citizen, before applying for U.S. citizenship. You must also meet other eligibility criteria during this period.
You must generally be proficient in the English language to apply for and receive U.S. citizenship. Part of your citizenship application will require you to demonstrate your ability to speak, understand, read, and write basic English during the naturalization interview.
The English language and civics test assesses your knowledge of U.S. government and history as well as your English language skills. USCIS provides study materials, including the official study guide. There are exemptions and accommodations available for certain applicants based on age and disability.”
Filing fees are always changing and can be found on the USCIS website. Fee waivers may be available for applications with demonstrated financial hardship. Our qualified team will ensure you understand all costs associated with this process prior to filing your application
The processing time for an adjustment of status application in the United States can vary significantly depending on several factors, including your individual circumstances and the USCIS field office handling your case. However, as general guideline, the process can typically take several months to over a year.
You may be eligible to work and travel while your adjustment of status application is pending in the United States, but you would typically need to apply for and receive prior authorization to do so.
A priority date is a reference point established when USCIS receives a qualifying immigration visa petition. The priority date is associated with the specific immigrant visa category and the country of chargeability. The date primarily affects the timing of when you can proceed with your immigration process.
The biometrics appointment is to collect data from applications for background checks and identity verification. The key part of the biometrics appointment involves taking your fingerprints. Your photograph will also be taken for identification purposes. In some cases, you may be required to provide a signature that will be compared to your application and identity, as well as answer a brief questionnaire about your background. These appointments are typically held at Application Support Centers or other USCIS facilities.
You can generally include your spouse and unmarried children under the age of 21 in your adjustment of status application if you are the primary applicant and eligible for the adjustment. This is commonly done when the primary application is seeking to become a lawful permanent resident (green card holder) in the United States.
Processing times vary, but our attorneys will keep you informed throughout the process.
Yes, you can sponsor multiple eligible family members.
Unfortunately, siblings are not eligible for this visa category. However, our team can explore alternative options for family reunification.
U.S. citizens can sponsor a broader range of family members, including parents, siblings, and married children. LPRs have more limited options but can sponsor spouses and unmarried children.
Yes, you have the right to appeal a denial. Our experienced attorneys can guide you through the appeals process.
Yes, the sponsor must demonstrate sufficient income to support the sponsored family member(s). Our legal experts can help you navigate this requirement.
Immediate relatives (spouses, unmarried children under 21, and parents of U.S. citizens) typically have shorter processing times, but it can still vary. We will keep you updated on the estimated timeline.
You can file the I-130 petition regardless of your family member’s location. The subsequent steps may vary based on their location.
The Affidavit of Support (Form I-864) is a legal contract that ensures the sponsor can financially support the immigrant. It’s a critical part of the application process.
Family Petition Visa holders are generally eligible to work in the U.S. Our legal team can provide guidance on obtaining work authorization.

NONIMMIGRANT VISAS

The duration varies depending on your visa category, but our attorneys will provide guidance.
In some cases, extensions are possible, and our team can assist you in the process.
You have the option to reapply or appeal a denied application, and our experienced attorneys can assist you in these processes.
Processing times vary depending on the category, but our attorneys will keep you informed throughout the process.
Yes, certain immigrants awaiting adjustment of status can apply for Employment Authorization.
In some cases, yes, your spouse may be eligible to work with a dependent visa.
Yes, foreign students on Optional Practical Training (OPT) can work in their field of study.
You have the option to appeal a denied application, and our experienced attorneys can assist you in this process.
Many visas can be renewed within the United States, but the specific process and requirements may vary depending on your visa category. Some visas can only be renewed outside the U.S., while others allow for in-country renewal. It’s important to understand the rules for your particular visa.
It’s advisable to apply for an extension or renewal well before your current visa expires. USCIS recommends filing at least 45 days before your visa’s expiration date to ensure continuity of legal status.
Visa renewal limits vary based on the specific visa category. Some visas may have a maximum number of renewals, while others, like H-1B work visas, can be renewed multiple times within certain timeframes. Understanding your visa’s renewal limitations is crucial.
If your renewal or extension application is denied, you may lose your legal status and be required to leave the United States. It’s essential to consult with an immigration attorney to understand the reasons for the denial and explore potential remedies or alternative visa options.
Nonimmigrant employment visas are temporary visas that allow foreign workers to come to the U.S. for a specific job or assignment and are typically limited in duration. Immigrant employment visas, on the other hand, are designed for individuals seeking permanent residency (green card) and the ability to live and work in the U.S. indefinitely.
Changing employers while on an employment-based visa is possible, but it typically involves a process that may include filing a new visa petition with the new employer. The specific requirements and procedures vary by visa category.
In many cases, yes. Many employment-based visa categories allow the spouse and unmarried children under 21 of the primary visa holder to accompany them to the United States on dependent visas. The eligibility and benefits for accompanying family members depend on the specific visa category.
The prevailing wage is the wage rate paid to the majority of workers in a specific occupation and location. It is an important consideration in employment-based visas, as U.S. employers are generally required to pay foreign workers the prevailing wage for their positions. This requirement helps protect the wages and working conditions of U.S. workers and ensures that foreign workers are not exploited.
Our team focuses on an array of employment visa, including the following: EB-1 visa (priority workers), EB-2 visa (advanced degree or exceptional ability), EB-3 visa (skilled workers, professionals, and other workers), EB-4 visa (special immigrants), H-1B visa (specialty occupations), H-2A and H-2B visa (temporary/seasonal workers), L-1 visa (intracompany transferees), O-1 visa (extraordinary ability in field – athletes, artists, scientists, etc.), P visa (athletes, artists, and entertainers), R-1 visa (religious workers), and TN visa (NAFTA professionals).”

OTHER SPECIAL VISAS/PETITIONS

Processing times can vary, but our attorneys will keep you informed throughout the process.

USCIS will schedule an interview, and our team will prepare you for this crucial step.

Yes, you can include qualifying family members on your I-589 application.

You may have the option to appeal or apply for other forms of relief, and our experienced attorneys can assist you in these processes.

Determining your eligibility for an immigration waiver involves a careful assessment of your individual circumstances, the specific grounds of inadmissibility you are seeking to overcome, and the type of waiver you are considering. Our qualified legal team can analyze and discuss your immigration history, goals, and any obstacles you may need to overcome via a waiver.
At Sartipi Law, we handle a variety of immigration waivers. Generally, this includes 601 waivers, 601A waivers, 212 waivers, Adam Walsh Act waivers, fiancé visa waivers, and national interest waivers. The 601 waiver is used to overcome various grounds of inadmissibility, such as criminal convictions, fraud or misrepresentation, and health-related issues. It is often used in family-based immigration cases. The 601A waiver is specifically for individuals who are subject to unlawful presences bars and are immediate relatives of U.S. citizens. It allows them to apply for a waiver from within the U.S. before departing for their immigration visa interview abroad. The 212 waiver is for individuals who have been previously deported or removed from the U.S. and are seeking to reapply for admission after a specific period. The Adam Walsh Act waiver allows certain family members convicted of certain sex offenses, particularly those involving minors, to file a family-based petition. The fiancé visa waiver is a waiver that may be available in specific situations for individuals applying for a K-1 fiancé visa who have not met the two-year in-person meeting requirement. The national interest waiver allows certain foreign workers to apply for lawful permanent residency without the need for a job offer or labor certification, and without the typical employer sponsorship.
The processing time for an immigration waiver can vary widely depending on several factors, including the type of waiver, the specific circumstances of the case, and the workload and processing times of the USCIS or other relevant government agencies. Additionally, if a Request for Evidence is issued (USCIS requesting more evidence for your waiver), this may add additional delay. Due to the variability in processing times, it’s essential to check the USCIS website or contact a member of our team directly for the most current information on processing times for your specific waiver application.
The processing time for an immigration waiver can vary widely depending on several factors, including the type of waiver, the specific circumstances of the case, and the workload and processing times of the USCIS or other relevant government agencies. Additionally, if a Request for Evidence is issued (USCIS requesting more evidence for your waiver), this may add additional delay. Due to the variability in processing times, it’s essential to check the USCIS website or contact a member of our team directly for the most current information on processing times for your specific waiver application.
If your immigration waiver is denied, it can be a challenging and disheartening situation. However, all hope is not lost, and there are several steps you can consider to address a denial. You will need to carefully review the denial notice, which should outline the reasons(s) for denial and any specific guidance for your case. It is also highly recommended to consult with a member of our qualified team. Depending on the type of waiver and circumstances, you may be eligible to appeal or file a motion to reopen or reconsider the waiver.
DACA is a temporary status that must be renewed every two years.
DACA doesn’t provide a direct path to citizenship; however, it can open doors to other immigration options, such as family or employment-based visas, which may lead to citizenship opportunity.
USCIS has stated that it does not use information provided in DACA applications for immigration enforcement purposes, except in certain limited circumstances. However, it’s essential to consult with legal experts to understand the potential risks and benefits of applying for DACA.
Our knowledgeable team will conduct and comprehensive consultation with you to determine your eligibility and any concerns that may arise out of a DACA application. Contact us directly to get scheduled.
A UVisa is a nonimmigrant visa designed for victims of certain crimes who have suffered physical or mental abuse and are willing to assist law enforcement agencies in the investigation or prosecution of those crimes. Eligibility is based on being a victim of a qualifying crime, cooperating with law enforcement, and obtaining a certification of helpfulness.
To obtain a UVisa, you must complete the petition form, provide supporting documentation, and obtain a law enforcement certification. You will submit your application to USCIS. If approved, you receive temporary legal status and can eventually apply for lawful permanent residency.
Unlike some other visa categories, there is no annual cap on the number of UVisas that can be issued. This ensures that UVisas are always available for eligible applicants, and there is no waiting for visa numbers.
Yes, there is a filing fee for the UVisa. It’s essential to check the most up-to-date fee information on the USCIS website or consult with an immigration attorney who can provide current details on the filing fees and any available fee waivers. USCIS may also offer fee waivers in certain circumstances for those who are unable to pay the required fees.
A UVisa is a nonimmigrant visa designed for victims of certain crimes who have suffered physical or mental abuse and are willing to assist law enforcement agencies in the investigation or prosecution of those crimes. Eligibility is based on being a victim of a qualifying crime, cooperating with law enforcement, and obtaining a certification of helpfulness.
To obtain a UVisa, you must complete the petition form, provide supporting documentation, and obtain a law enforcement certification. You will submit your application to USCIS. If approved, you receive temporary legal status and can eventually apply for lawful permanent residency.
Unlike some other visa categories, there is no annual cap on the number of UVisas that can be issued. This ensures that UVisas are always available for eligible applicants, and there is no waiting for visa numbers.
Yes, there is a filing fee for the UVisa. It’s essential to check the most upto-date fee information on the USCIS website or consult with an immigration attorney who can provide current details on the filing fees and any available fee waivers. USCIS may also offer fee waivers in certain circumstances for those who are unable to pay the required fees.
Espanol