Frequently Asked Questions


1. What types of immigration processes do you assist with?

We assist with a wide range of immigration processes, including family-based immigration, employment-based immigration (such as EB-1, NIW), investment visas, non-immigrant visas (such as E-2, L-1), green card renewals, and naturalization. If you're unsure whether your situation qualifies, we offer initial consultations to help assess your case.

2. Can I change from F-1 or J-1 to an E-2 Employee Visa?

Yes, it’s possible if you have a job offer from a company majority-owned by individuals or businesses from a treaty country like Korea, and your position is executive, supervisory, or requires special skills. You can apply for a change of status in the U.S. through USCIS, or apply for an E-2 visa at a U.S. consulate abroad. However, if you are in J-1 status and subject to the two-year home residency requirement, you will need to obtain a waiver before changing to E-2 status.

3. What are the eligibility requirements for an L-1 visa?

An L-1 visa requires the company to operate in both the U.S. and abroad, and the employee must have worked abroad for at least one of the past three years in an executive/managerial (L-1A) or specialized knowledge (L-1B) role. The foreign company must have a qualifying relationship with the U.S. employer, such as parent, subsidiary, branch, or affiliate.

4. What do I need to prove for EB-1A compared to NIW?

For NIW, you must show advanced degrees or strong ability, plus how your work clearly benefits the United States in important areas. For EB-1A, the focus is different—you need to show you are among the very best in your field, proven through achievements like awards, publications, contributions, recommendations, or even a high salary.

5. My I-94 is still valid, but my visa has expired. Is that okay?

Yes, as long as your I-94 is still valid and you are complying with the terms of your visa status (e.g., working, studying, etc.), you are legally present—even if your visa has expired. Conversely, if your visa is still valid but your I-94 has expired, you are out of status and considered to be overstaying. It is the I-94—not the visa—that governs how long you may lawfully stay in the United States.

6. Can I apply for a green card from within the U.S. only if I am in lawful status?

In most cases, yes. If you're in lawful status, you may be eligible to adjust your status for a green card or switch to another visa. Even if you're out of status, there may be options if you're the spouse or child of a U.S. citizen. Consultation is essential to determine the best path forward based on your current situation.

7. How long does it take to get a green card?

Processing times vary by green card type. Employment-based options like EB-1A, EB-1C, and EB-2 NIW, as well as family-based green cards for immediate relatives of U.S. citizens, are considered relatively fast-track and typically take around 1.5 years. Timelines may vary based on USCIS workload, RFE requests, and interview schedules.

8. Can I change jobs while my green card is in process?

Yes, in many cases it is possible — especially if your I-140 has been approved and your I-485 application has been pending for more than 180 days. Under the job portability provisions of AC21, you may change jobs as long as the new position is in the same or a similar occupational classification. However, you should always consult with an immigration attorney before making any job changes.

9. Can I travel outside the U.S. while my green card application (I-485) is under review?

It depends on your case type. For example, if you're not an L-1 visa holder and you leave the U.S. without Advance Parole, your green card application could be considered abandoned. You should apply for a travel permit or speak with an attorney before making any travel plans.

10. What are the requirements for a green card holder to apply for U.S. citizenship?

Generally, you must have been a permanent resident for 5 years (or 3 years if married to a U.S. citizen), have been physically present in the U.S. for at least half of that time, show good moral character, and demonstrate basic knowledge of English and U.S. civics.