Immigration Law Frequently Asked Questions (FAQ’s)

Immigration law is complicated. At Holubec & Loy LLC, we want to make sure that everyone has the tools, information, and resources they need to protect their rights. Our Kansas immigration law team provides some answers to frequently asked questions. If you have any specific questions about your rights or your case, please do not hesitate to reach out to our Wichita law office for a confidential consultation.

What is a Green Card?

A green card is the unofficial name for a ‘Lawful Permanent Resident Card’. An immigrant who holds a green card has lawful permanent residency in the United States. Green cards are issued by the USCIS and they permit an immigrant to live or work anywhere within the United States.

How Long Does a Green Card Last for?

For the most part, green cards are valid for a period of ten years. However, recently married immigrants may be issued a two-year conditional green card. In either circumstance, a green card can and must be renewed when it expires. Failure to renew a green card in a timely manner can create major problems.

Who Can Apply for a Family-Based Visa?

Family members of a United States Citizen can apply for a family visa as immediate relatives . Immediate relatives do not have waiting period requirements and include parents, spouses, and unmarried children (including stepchildren if certain requirements are met). Married children and brothers and sisters of citizens can seek legal status as qualifying relatives who have “waiting periods” that must be met.

Family members of Legal Permanent Resident are qualifying relatives which include spouses,
children under 21 years of age, and unmarried sons and daughters. Again, there are “waiting
periods” that must be met.

Fiancé visas are available to both citizens and legal permanent residents. These visas are valid only
for 90 days during which the couple must marry.

What is DACA?

Deferred Action for Childhood Arrivals (DACA) is a U.S. government program that provides certain legal protections to many undocumented immigrants who were brought to the United States as children. Through a DACA application, a qualifying individual can obtain work authorization and protection against deportation. DACA is renewable.

When Can I Apply for United States Citizenship?

To apply for citizenship through naturalization, an immigrant must first obtain a green card. Under the Immigration and Nationality Act (INA), most applicants are required to be a lawful permanent resident for a certain period of time before applying for citizenship.

Can I Challenge a Deportation Order?

Yes. If the Department of Homeland Security (DHS) is initiating removal proceedings, you should receive a document called a Notice to Appear (NTA). Essentially, this is the government’s “charging” document. Do not ignore this notice. You and your family have the right to challenge a deportation order by raising defenses before an immigration judge. A Kansas immigration lawyer can help you review, evaluate, and pursue all available defenses against deportation. There are many factors to consider when evaluating a deportation case. We strongly urge you to hire an immigration attorney when faced with this life-changing event.

Schedule a Confidential Consultation with a Wichita, KS Immigration Attorney

At Holubec & Loy LLC, our immigration lawyers are skilled, effective advocates for clients and their families. If you have any specific immigration questions, we are more than happy to get you answers. We both provide and welcome second opinions. Call us today for a confidential, no-commitment consultation.

To speak with an experienced immigration lawyer, contact us online or call us at 316-263-7857 or
316-640-3419 for Spanish speakers.