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If you are stuck in the middle of an immigration process or issue, then you may have some questions on your mind that you want answered. It is important that you always have counsel available to advise you when you are in an immigration situation because the laws can be difficult to navigate and understand. At Immigration Lawyer Serving Westchester NY, we know that naturally a lot of questions arise as you go through the green card process or as you try to become a US citizen. Because of this, our immigration attorney has taken the time to answer some of the most common questions we receive. We invite you to take a moment to look over these FAQs. Should you still have questions for us, do not hesitate to call our office today at 914-513-2366.
A lawful permanent resident is an individual who has previously obtained a green card and is allowed to legally work and live within the United States. There are some restrictions while a legal permanent resident and you will not have as many rights as citizens. For example, as a lawful permanent resident, you cannot vote in US elections.
It is important to understand what a lawful permanent resident is because you generally need to retain such status for three to five years prior to applying for US citizenship.
A visa is considered an authorization that allows you to enter the United States and in some cases, legally work in the U.S.. A visa does not guarantee that you will actually be allowed in the US. There are many factors that can affect this, and the US Customs and Border Patrol teams will determine whether you can enter the US or not. A green card is not the same as a visa and it is your legal documentation that you can work and live in the US. There is a distinction between an immigrant visa and a non-immigrant visa.
Here is where it gets a little tricky. The K-1 visa is for the primary applicant only, so children cannot come on a K-1 visa; however, they can come on a K-2 visa. You will need to make sure you qualifying family members are included. Certain children who approach their 21st birthday may need to take some quick action to protect their rights.
If you have an E2 visa, your spouse will be able to work under it when you arrive in the United States. Once in the US, your spouse will need to make sure they apply for their own work authorization though. Your children are not allowed to nor are authorized to work under your E2 visa.
