Immigration FAQs

Yaghmai Law Firm, APC represents individuals and families navigating the U.S. immigration system. Below are answers to the questions we hear most often. If your situation is not covered here, call us at (888) 800-6731 or contact us to schedule a consultation.

1. What types of immigration cases does Yaghmai Law Firm, APC handle?

We focus on extraordinary ability immigration and family-based immigration. Our practice includes EB-1A extraordinary ability green cards, O-1 visas for individuals with extraordinary ability or achievement, athlete visas and green cards, artist visas, marriage-based green cards, family-based green cards, adjustment of status (Form I-485), consular processing, and naturalization/citizenship.

We do not handle EB-2, EB-3, EB-4, EB-5, or non-immigrant visa categories other than O visas. If your case falls outside our practice areas, we are happy to connect you with a trusted referral partner.

2. What is an EB-1A extraordinary ability green card?

The EB-1A is an employment-based first preference green card for individuals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. It is authorized under INA section 203(b)(1)(A).

Unlike most employment-based green cards, the EB-1A does not require a job offer or labor certification — you can self-petition by filing Form I-140 on your own behalf.

USCIS evaluates applicants against a set of ten criteria (such as major awards, published material about you, original contributions of major significance, and high salary relative to others in the field) and requires that you meet at least three. Meeting three criteria does not guarantee approval — USCIS then conducts a final merits determination to assess whether the totality of the evidence shows you have sustained national or international acclaim.

3. How do I qualify for an EB-1A extraordinary ability green card?

USCIS uses a two-step analysis. First, you must show that you meet at least three of the ten regulatory criteria listed in 8 CFR 204.5(h)(3):

1. A major, internationally recognized award (such as a Nobel Prize or Olympic medal)
2. Membership in associations that require outstanding achievement, as judged by recognized experts
3. Published material about you in professional or major trade publications or other major media
4. Participation as a judge of the work of others in your field
5. Original scientific, scholarly, artistic, athletic, or business-related contributions of major significance
6. Authorship of scholarly articles in professional or major trade publications or other major media
7. Display of your work at artistic exhibitions or showcases
8. A leading or critical role in distinguished organizations
9. High salary or other significantly high remuneration relative to others in the field
10. Commercial successes in the performing arts

Second, USCIS looks at the totality of the evidence to determine whether you have sustained national or international acclaim and are among the small percentage at the very top of your field. The strength of the evidence matters more than the number of criteria you satisfy.

4. What is an O-1 visa?

The O-1 is a non-immigrant visa for individuals with extraordinary ability or achievement. O-1A covers the sciences, education, business, and athletics. O-1B covers the arts, motion picture, and television industry.

Unlike the EB-1A green card, the O-1 is temporary — it is typically granted in three-year increments and can be renewed, but it does not lead directly to permanent residence. The O-1 requires a U.S. employer or agent to petition on your behalf; you cannot self-petition.

The evidentiary standard is similar to the EB-1A, but O-1B applicants in the arts can qualify by showing “distinction” rather than “extraordinary ability,” which is a lower threshold.

5. What is the difference between an EB-1A green card and an O-1 visa?

The EB-1A is a green card — permanent residence. The O-1 is a temporary work visa. The EB-1A allows you to self-petition without an employer; the O-1 requires a U.S. employer or agent to file on your behalf.

Both use similar evidentiary criteria, but they are adjudicated under different standards and by different USCIS divisions. An O-1 approval does not guarantee an EB-1A approval, and vice versa.

Many of our clients use the O-1 to work in the United States while building a stronger profile for an EB-1A petition later, but the two are independent applications with no formal dependency on each other.

6. Can athletes get a green card based on their athletic achievements?

Yes. Athletes can qualify for an EB-1A extraordinary ability green card if they can demonstrate sustained national or international acclaim in their sport. Evidence commonly includes competing at a national or international level, major awards or rankings, media coverage, endorsement or sponsorship contracts reflecting high compensation, and participation as a judge (such as coaching, scouting, or evaluating other athletes).

Professional athletes, Olympic athletes, and elite amateur athletes have all qualified. Athletes can also obtain O-1A visas to compete or train in the United States on a temporary basis while pursuing permanent residence.

P-1 visas are another option for internationally recognized athletes or members of internationally recognized entertainment groups — our firm focuses on O-1 and EB-1A cases, but we can refer you to a trusted partner for P visa matters. Learn more on our athlete visa and green card page.

7. Can artists get a visa or green card to work in the United States?

Yes. Artists — including visual artists, musicians, filmmakers, writers, designers, and performers — can qualify for an O-1B visa or an EB-1A green card depending on their level of achievement.

The O-1B for arts has two tiers: “extraordinary ability” for those at the very top of their field, and “distinction” for those with a demonstrated record of achievement above the ordinary. The distinction standard is lower and more accessible for working artists who may not yet have major international recognition.

Evidence commonly includes critical reviews, published material about you, exhibitions or performances at distinguished venues, a leading role in distinguished organizations, and high compensation relative to others in the field. For artists pursuing permanent residence, the EB-1A requires the higher extraordinary ability standard. Learn more on our artist visa page.

8. What is a marriage-based green card?

A marriage-based green card allows the spouse of a U.S. citizen or lawful permanent resident to obtain permanent residence. Spouses of U.S. citizens are classified as immediate relatives under the Immigration and Nationality Act, which means there is no annual visa cap and no waiting period for a visa number.

Spouses of lawful permanent residents fall under the F2A family preference category, which is subject to annual limits and may involve a wait.

The process requires filing Form I-130 (Petition for Alien Relative) and, if the spouse is already in the United States, Form I-485 (adjustment of status) — or consular processing if the spouse is abroad.

If the marriage is less than two years old at the time the green card is granted, the spouse receives conditional residence valid for two years and must file Form I-751 to remove conditions before it expires.

9. What is a family-based green card?

A family-based green card allows certain relatives of U.S. citizens and lawful permanent residents to obtain permanent residence. The categories are defined by the relationship.

Immediate relatives of U.S. citizens — spouses, unmarried children under 21, and parents — have no annual visa cap. All other family relationships fall into preference categories (F1 through F4) that are subject to annual limits and per-country caps, which means wait times can range from a few years to over two decades depending on the category and the beneficiary’s country of birth.

The process begins with the U.S. citizen or permanent resident filing Form I-130 on behalf of the relative. Once a visa number is available, the relative applies for adjustment of status or goes through consular processing.

10. What is adjustment of status (Form I-485)?

Adjustment of status is the process of applying for permanent residence (a green card) while you are already physically present in the United States. You file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.

It is used in both employment-based cases (such as EB-1A) and family-based cases (such as marriage or family green cards). To be eligible, you generally must have been lawfully admitted or paroled into the United States, have an approved or concurrently filed immigrant petition, and have a visa number immediately available.

While your I-485 is pending, you can apply for advance parole (Form I-131) to travel abroad and an employment authorization document (Form I-765) to work. Leaving the United States without advance parole while your adjustment is pending will generally result in abandonment of your application.

11. What is consular processing?

Consular processing is the path to a green card for applicants who are outside the United States. After your immigrant petition (Form I-130 for family-based or Form I-140 for employment-based) is approved and a visa number is available, your case is transferred to the National Visa Center (NVC).

The NVC collects fees, supporting documents, and the DS-260 immigrant visa application, then schedules an interview at a U.S. embassy or consulate in your home country.

At the interview, a consular officer reviews your application, supporting evidence, and medical examination results. If approved, you receive an immigrant visa and become a lawful permanent resident when you enter the United States.

Consular processing is the only option if you are not eligible for adjustment of status — for example, if you are not physically present in the United States or if you do not have a lawful admission.

12. What is the difference between adjustment of status and consular processing?

Both lead to the same result — a green card — but they differ in where and how you apply. Adjustment of status is filed with USCIS while you are in the United States; consular processing is handled through a U.S. embassy or consulate abroad.

Adjustment of status allows you to remain in the country while your application is pending and to apply for work authorization and travel permission in the meantime. Consular processing requires you to attend an interview at a consulate overseas but can sometimes be faster in cases where USCIS processing times are long.

The choice between the two depends on where you are, your current immigration status, and your individual circumstances. In some situations, only one option is available — for example, if you are outside the United States, consular processing is your only path.

13. How long does the immigration process take?

It varies significantly by case type, USCIS processing times, and whether a visa number is immediately available.

EB-1A self-petitions (Form I-140) can be processed in as little as 15 business days with premium processing, or several months without it. O-1 petitions also offer premium processing on the same timeline.

Adjustment of status (Form I-485) typically takes 8 to 24 months depending on the USCIS field office, though times fluctuate. Consular processing timelines depend on the NVC and the specific embassy — some move in a few months, others take over a year.

Family-based preference categories (F1 through F4) can involve multi-year waits for a visa number to become available before the green card application can even be filed.

Naturalization generally requires five years of permanent residence (three if based on marriage to a U.S. citizen), plus USCIS processing time for Form N-400. We give clients realistic timelines based on current processing data rather than best-case estimates.

14. How do I become a U.S. citizen?

The most common path to U.S. citizenship is naturalization. To be eligible, you must have been a lawful permanent resident (green card holder) for at least five years, or three years if you obtained your green card through marriage to a U.S. citizen and are still married to and living with that spouse.

You must have been physically present in the United States for at least half of the required residency period, and you must not have taken any trips outside the country longer than six months, which can break your continuous residence.

You file Form N-400, Application for Naturalization, with USCIS. The process includes a biometrics appointment, an interview, and a civics and English language test. The civics test covers U.S. history and government — USCIS publishes the study materials in advance. The English test covers reading, writing, and speaking.

If approved, you attend an oath ceremony and receive your Certificate of Naturalization. Once you take the oath, you are a U.S. citizen with full rights, including the right to vote, hold a U.S. passport, and petition for additional family members as an immediate relative. Learn more on our citizenship page.