U.S. Immigration – Frequently Asked Questions

Serving South Florida, Central Florida, the United States, and the world, Sukkar & Associates represents families, individuals, business owners, and investors in all concerns related to U.S. immigration. Frequently asked questions we can provide you with answers to include:

When will my case be filed?

We can complete your case, in most instances, within 10 business days after you provide us with all the information required.

Can I communicate with a lawyer directly?

One of our attorneys will contact you within 24 to 48 hours.

Do I have to make an appointment to come into the office?

No, we can handle your case without you coming into our office. Immigration law is federal law so we can handle your case from anywhere in the world.

What is an H-1B temporary visa?

An H-1B visa is essentially a work permit granted to individuals in specialty occupations requiring a bachelor’s degree or higher.

What is the H-1B ‘cap’?

It is simply a limit on the number of H-1B visas the CIS will grant in a given year. Because of these limits, it is wise to plan ahead with the help of an experienced immigration attorney.

What is PERM ?

PERM is the Department of Labor’s labor certification process that enables employers who have met certain criteria to employ foreign workers within the United States .

Can I obtain a ‘Green Card’ without going through the labor certification process?

Yes, if you are an individual with ‘extraordinary’ ability, you may be able to obtain a green card without labor certification.

Can I obtain residency through marriage?

Yes, but the process can take time and become complicated, sometimes keeping newly married couples apart for years.

Can I obtain residency through a relative who has permanent residency?

Yes, there is a multi-step process whereby your relative can ‘sponsor’ you but only certain relatives are eligible and both you and your relative must demonstrate to CIS that you meet specific criteria.

Can someone who entered the United States illegally still apply for residency?

No. Unless the individual is an eligible candidate under the provisions of Section 245(i), their illegal status cannot be adjusted without being subjected to a three or ten year ban from living here.

If I overstayed my visa but am now married to a U.S. citizen, can I still apply for permanent residency?

Yes, but only if your spouse applies on your behalf.

How do K-visas work?

K-visas are essentially temporary, non-immigrant visas that allow the spouses, fiancées, and their unmarried, minor children to live in the United States while they wait for their immigrant visas. These visas include the K-1 fiancé visa for a prospective spouse, the K-3 spouse visa for those already married, the K-2 non-immigrant visa (fiancés children), and the K-4 spouses children’s visa.

For answers to other questions, please visit the U.S. Citizenship and Immigration Service’s online FAQ site.