Frequently Asked Questions About Immigration Law

Our Immigration Lawyer Answers Your Questions

Do you have questions about securing a visa, green card or U.S. citizenship? Whether you are an employer, individual or family, it is likely you have several questions about immigration and nationality law. There are a number of variables to consider to ensure you are compliant with immigration laws and regulations.

At the Law Offices of Sweta Khandelwal, our immigration law firm has more than 25 years of combined experience helping businesses, individuals and families with their immigration objectives. We build comprehensive business and family-based immigration solutions for clients residing in California, across the United States and overseas. Our immigration law firm can create a solution that fits your specific needs.

Before pursuing immigration services, you may have pressing questions you would like addressed. Below, you will find a list of the most frequently asked questions we get concerning immigration law.

  1. How Can I Become a U.S. Citizen?
  2. Can I Obtain a Work Permit for Myself or My Employee?
  3. What Options Do I Have If My Visa Expired?
  4. I Want to Change My Visa Status to Be a Permanent Resident, What Can I Do?
  5. Can I Travel Abroad While Waiting for a Petition or Application Approval?
  6. What Options Do I Have to Bring My Family Members to the U.S.?
  7. How Much Does It Cost to Hire an Immigration Lawyer?

How Can I Become a U.S. Citizen?

If you were not born in the United States and wish to become a citizen, you can obtain citizenship through a process called “naturalization.” In order to obtain citizenship through naturalization, you must meet the eligibility requirements. This includes being physically present and having continuous residence in the U.S. to ensure you do not jeopardize the petition.

Are you interested in naturalization? Our firm has helped many applicants receive their naturalization.

↑ Return to top

Can I Obtain a Work Permit for Myself or My Employee?

As an employer, if you wish to hire a foreign worker, or as a worker, you wish to work in the United States, you have the option of applying for a temporary worker visa. Temporary worker visa categories include:

H1-B  H-2A & H-2B H-3 L O   P-1   P-2   P-3   Q1

In order to apply for a temporary worker visa, the prospective employer will need to have a petition approved by the U.S. Citizenship and Immigration Services (USCIS). It is important to note that there are also a number of temporary worker visas that require an additional labor certification to be obtained by the employer.

We recommend seeking legal assistance from an experienced immigration lawyer to reach your specific immigration objective.

↑ Return to top

What Options Do I Have If My Visa Expired?

A United States visa is a travel document that allows you to legally enter the country. If your visa expires, you are not required to leave the U.S. because it does not reflect how long you are authorized to stay in the country. Generally, your immigration status dictates how long you can lawfully remain in the country. Your legal status will depend on the expiration date listed on your I-94 card.

If you want to extend your stay, contact our immigration lawyer right away. Our firm can review your current situation and help you determine your next steps.

↑ Return to top

I Want to Change My Visa Status to Be a Permanent Resident, What Can I Do?

Generally, if you have entered the United States legally and your immigration status has not expired, you have the option of changing your status to be a permanent resident. This option is called an Adjustment of Status (AOS). When you apply for an AOS, you are eligible to obtain a green card without the need to leave the country.

The AOS process will differ depending on your unique situation and your category of green card. Additionally, you must meet the eligibility requirements to successfully apply.

To learn about the eligibility requirements and the best course of action for your situation, speak to an immigration lawyer.

↑ Return to top

Can I Travel Abroad While Waiting for a Petition or Application Approval?

If you have a pending petition or application with the United States Citizenship and Immigration Services (USCIS) and you are considering traveling outside of the U.S., we recommend you speak to an immigration lawyer. Depending on your situation, traveling may not be possible without “abandoning” your status request.

For Example: If you are already in the U.S. and you apply for an adjustment of status to an H1-B, the USCIS will consider your H1-B petition “abandoned” if you leave the country.

In Comparison: If you already have H1-B status with a pending extension petition, you are able to travel outside of the country without abandoning your request.

An experienced lawyer can help you understand what options you have when awaiting a petition or application approval.

↑ Return to top

What Options Do I Have to Bring My Family Members to the U.S.?

If you reside in the United States and wish to bring family to the country, then your options will depend on your specific situation. You may be eligible to apply for a K Visa, which is a temporary nonimmigrant visa, or a green card for your family members.

If you are applying under the family category, your family must be immediate relatives, such as a spouse and unmarried children. Speak to our immigration attorney to learn more about your options.

Nonimmigrant Visas

  • K-1 – Fiancé visa
  • K-3 – Visa for spouse of U.S. citizen
  • K-4 – Visa for children under the age of 21

Green Cards

↑ Return to top

How Much Does It Cost to Hire an Immigration Lawyer?

It is difficult to approximate the cost of an immigration lawyer’s services. This is because each solution that a law firm creates for their client is tailored to the business, individual or family. The complexity and time spent will affect the overall costs.

For a better estimate of what you might pay for immigration services, schedule an appointment with our attorney today.

↑ Return to top

Have Questions Not Answered Here? Contact Our Immigration Attorney to Schedule an Appointment

At the Law Offices of Sweta Khandelwal, we have represented clients from multiple nationalities to obtain their immigrant visas, green cards or U.S. citizenship. Our immigration law firm helps businesses, investors, individuals and families from our San Jose and San Francisco offices. If you need a comprehensive and tailored immigration solution, call our firm today. Contact our team by calling (408) 542-0499 or by submitting an online form.