Immigration law can feel overwhelming, especially when timelines, work eligibility, and legal status are unclear. These are the questions we hear most often during consultations with families across Southwest Florida. From understanding the difference between a visa and a green card to knowing what happens if a case is denied, the same concerns come up again and again.
Below, we break down some of the most commonly asked immigration questions and provide clear, practical answers.
A visa allows someone to enter the United States for a specific purpose and period of time. Common examples include tourist visas, student visas, and temporary work visas. Most visas are temporary and come with limits on how long you can stay and what activities are permitted.
A green card, also known as lawful permanent residence, allows someone to live and work permanently in the United States. While green cards must be renewed every 10 years, the status itself is permanent as long as eligibility requirements are maintained.
Having a visa does not automatically mean you have permanent residence. A visa allows entry. A green card grants permanent status. Understanding that distinction is critical when planning long-term goals.
This depends on your current status and how your case was filed.
If you applied for adjustment of status from within the United States, you may be eligible to apply for a work permit, called an Employment Authorization Document. Once approved, that document allows you to work legally while your green card application is pending.
If you are outside the United States waiting for an immigrant visa, you generally cannot work in the U.S. until your visa is approved and you enter the country.
We regularly see confusion in this area. Starting employment without proper authorization can affect your case, so confirming eligibility before accepting a job offer is essential.
There is no single timeline.
Processing times vary based on:
• The type of application
• The immigration category
• Government backlogs
• Country-specific limitations in certain categories
• Whether additional documentation or interviews are required
Processing times can also change unexpectedly due to policy shifts or agency backlogs.
Some applications may take several months. Others may take significantly longer. While government agencies publish general estimates, individual cases often move at different speeds.
During consultations, one of the first things we clarify is what timeline realistically applies to that person’s specific situation, rather than relying on general online estimates.
A denial does not automatically mean the end of your immigration journey.
Depending on the reason for denial, possible next steps may include:
• Filing an appeal
• Submitting a motion to reopen or reconsider
• Reapplying with corrected or additional evidence
• Exploring a different immigration pathway
However, in certain situations, a denial can create legal risk, especially if another lawful status is not in place. Reviewing the denial notice carefully and acting quickly can make a significant difference in what options remain available.
In many cases, yes, but it depends on how and where the application was filed.
If you filed for adjustment of status from within the United States, you are generally allowed to remain in the country while your case is pending, even if your prior visa expires during that time.
If you are applying through consular processing outside the United States, you must typically remain abroad until your immigrant visa is approved.
Maintaining lawful status during the process is critical. Small procedural details can affect whether someone is permitted to remain in the country.
Small differences in timing, prior status history, or documentation can significantly affect a case.
Understanding your current status and your available options is often the first step toward reducing uncertainty and making informed decisions for yourself and your family.
If you are unsure which path applies to your situation, speaking with an experienced immigration professional can help clarify your timeline, work eligibility, and next steps before minor issues become larger complications.
📅 Schedule a consultation today to speak with the DeMine Immigration team and learn how we can support you and your family through your immigration journey.