top of page

USA Immigration FAQs

Find all of your immigration questions here

  • What is asylum?
    According to UNHCR, Asylum is a form of protection which allows a person to remain in the United States instead of being removed (deported) to a country where he or she fears persecution or harm. Under U.S. law, people who flee their countries because they fear persecution may be eligible to apply for asylum. There are many requirements that an applicant must meet in order to be eligible to apply for asylum. We highly recommend that any person who wants to apply for asylum in the United States to first consult with a qualified immigration attorney to best understand their options.
  • Can I apply for Asylum in the USA if I’m outside of the country?
    No. Unfortunately, it is not possible to submit an asylum application for the United States if you are currently outside the country. The application can only be filed if you are physically present within the United States and if you are not a U.S. citizen.
  • What is an affirmative asylum case?
    The affirmative asylum process is for individuals who are not in removal proceedings.
  • Are there other forms of protection instead of Asylum?
    Yes. There are other forms of protection in the United States apart from the defensive asylum, for example the Withholding of Removal and the Convention Against Torture (CAT).
  • What is a Withholding Removal?
    It is another process you can apply if you are not granted asylum. If you are granted withholding of removal, you will not qualify for a green card, but you will be allowed to remain and work lawfully in the United States.
  • What is Relief under the Convention Against Torture (CAT)?
    If you fear torture in your home country, you may qualify for another form of relief under the CAT. You must prove that you are more likely than not to be tortured either directly by the government or with the “acquiescence” of the government if returned to your country of origin.
  • Can I apply for asylum online?
    Certainly! While it is possible to apply for asylum online, consider that this option is only available for certain affirmative asylum applicants. There are some situations where it is not available, for example if: · You are in proceedings in immigration court or before the Board of Immigration Appeals. · You are an unaccompanied alien child and are in removal proceedings. · You are among the categories of applicants who must currently file by mail. · You already submitted a Form I-589, which is still pending with USCIS.
  • What is a defensive asylum case?
    The defensive asylum is the legal process for individuals who are in removal proceedings. Removal proceedings are when the United States government orders that you be removed (deported) from the United States.
  • Do I have to replace my Green Card?
    Absolutely. The card replacement depends on many different factors, mostly Your Green Card needs to be replaced if it is expired or will expire within the next six months. There are other reasons also, so it would be better have legal advice to work on your case.
  • Are there categories of Green card eligibility?
    Yes, there are different ways to apply to a Green Card and each category has a different application process. The eligibility might be such as: - Through family - Through Employment - As a Special Immigrant - As Refugee or Asylee - Human Trafficking and Crime Victims - Victims of Abuse - Others
  • What happens while I wait for my Green Card?
    Once your file has been submitted, you can check the processing times in the USCIS website and get updates. Just be careful if you change your address, you need to notify USCIS within 10 days of moving to the new address. If you do not update your address, you may not receive important notices about your case.
  • Processes to apply for a Green Card
    1. First hire your legal advisor. Here at Nisbet Law, we provide you with this representation service. 2. A person, usually a sponsor or petitioner, files an immigrant petition on your behalf. In some cases, you may be eligible to file the petition for yourself. 3. Once your immigrant petition is approved by USCIS (U.S. Citizenship and Immigration Services), and a visa is available in your category, you proceed to file either a Green Card application with USCIS or a visa application with the U.S. Department of State. 4. You will be required to attend a biometrics appointment where you provide your fingerprints, photos, and signature. 5. You will be scheduled for an interview, during which your application and supporting documents will be reviewed. 6. Following the interview, you will receive a decision on your application.
  • What is a Green Card?
    A Green Card, also known as a Permanent Resident Card, grants you the privilege to reside and work in the United States on a permanent basis. The steps you must take to apply for a Green Card will vary depending on your individual situation.
  • Why should I become a US Citizen?
    There are multiple benefits and advantages of becoming a US citizen. It does not only guarantee your stay in the US but also you can: - Have the right to vote. - Serve on a jury. - Travel with a U.S. passport - Bring family members to the U.S - Obtain citizenship for children under 18 years of age. - Apply for federal jobs. - Become an elected official. - Keep your residency. - Become eligible for federal grants and scholarships. - Obtain government benefits.
  • What are the steps on getting US Citizenship?
    1. Determine if you are already a U.S. citizen 2. Check if you are eligible 3. Prepare your application 4. Have your biometrics appointment, if applicable 5. Assist to your interview 6. Get the USCIS decision 7. Receive a notice to take the Oath of Allegiance 8. Take the Oath of Allegiance to the United States 9. Understanding U.S. citizenship
  • What is Naturalization?
    Naturalization is the process in which the government admits a foreigner permanent resident and grants a US lawful after meeting the requirements established by Congress in the Immigration and Nationality Act (INA).
bottom of page