Celebrating 10 Years of Advocacy and Immigration Excellence
By Ral Obioha, Esq. LLM
Board Certified Specialist – Immigration & Nationality Law
If I had a dollar for every time someone told me, “But I heard that…” followed by an immigration myth, I might have retired from practicing immigration law by now!
Over the years, I have heard just about everything.
“My friend told me that once I marry a U.S. citizen, I automatically get a green card.”
“Someone said I can stay in the United States as long as I have an immigration application pending.”
“I heard that if USCIS denies my case, there’s nothing else I can do.”
And the list goes on.
As an immigration attorney, one of the most challenging parts of my job is helping people separate immigration facts from misinformation. Unfortunately, some of these misconceptions have real consequences. They can cause people to miss important deadlines, violate their immigration status, file applications they are not eligible for, or make decisions that jeopardize their future in the United States.
And with immigration information spreading rapidly through social media, group chats, and online forums, misinformation has become even harder to avoid.
As we continue celebrating 10 years of Ral Obioha Law, I want to address 10 common U.S. immigration myths I wish people would stop believing.
Some of these may surprise you.
Myth #1: “If I Marry a U.S. Citizen, I Automatically Get a Green Card.”
The truth: Marriage to a U.S. citizen does not automatically grant lawful immigration status or permanent residency.
This is one of the most common immigration misconceptions I encounter.
While marriage to a U.S. citizen may provide a pathway to a green card, the foreign national spouse must still satisfy the applicable immigration requirements.
For example, eligibility to adjust status in the United States may depend on how the person entered the country, their immigration history, and whether any grounds of inadmissibility apply.
In some circumstances, a spouse may need to complete immigrant visa processing abroad. In others, a waiver may be necessary.
USCIS also examines whether the marriage is legally valid and was entered into in good faith, rather than primarily to obtain immigration benefits.
What I wish people understood:Marriage may create a basis for immigration sponsorship, but it does not erase every immigration problem or guarantee a green card.
Myth #2: “Once I File an Immigration Application, I Can Legally Stay in the U.S.”
The truth: Filing an immigration application does not necessarily grant lawful status or protect someone from removal.
This misconception can be particularly dangerous.
Different immigration applications have different legal effects.
For example, filing Form I-130, Petition for Alien Relative, does not, by itself, provide the beneficiary with lawful immigration status or employment authorization.
A properly filed adjustment of status application may generally place someone in a period of authorized stay while the application is pending, but that is not the same as maintaining lawful nonimmigrant status.
Similarly, filing an asylum application does not automatically grant asylum status.
The distinction between lawful immigration status, a period of authorized stay, and protection from removal is extremely important.
What I wish people understood: Before filing any application, understand exactly what legal protections, if any, the filing provides.
Never assume that a USCIS receipt notice means you are authorized to remain indefinitely in the United States.
Myth #3: “If My Visa Expires, I Am Automatically in the U.S. Illegally.”
The truth: A visa’s expiration date and a person’s authorized period of stay are not necessarily the same thing.
A U.S. visa is generally a travel document used to request admission into the United States.
The period a person is authorized to remain in the country is generally determined by their admission record, including Form I-94, and the rules governing their immigration classification.
For example, a person admitted as a B-2 visitor may have a visa that remains valid for several years but receive authorization to stay for only six months.
Conversely, a person may have an expired visa stamp but still be maintaining lawful immigration status in the United States.
Certain classifications, including F-1 students admitted for duration of status, have additional requirements.
What I wish people understood: Do not confuse your visa expiration date with your authorized period of stay.
Understanding the difference can help prevent serious immigration mistakes.
Myth #4: “If I Have a Work Permit, I Can Stay in the U.S. Legally.”
The truth: Employment authorization and immigration status are two different things.
An Employment Authorization Document (EAD) generally establishes that an individual is authorized to work in the United States during the period and under the conditions specified.
However, an EAD does not necessarily establish lawful immigration status.
For example, certain applicants with pending adjustment of status or asylum applications may qualify for employment authorization while their applications are pending.
That does not mean their underlying applications have been approved or that they have obtained permanent immigration status.
The consequences of a denial may depend on the person’s underlying immigration circumstances.
What I wish people understood: A work permit authorizes qualifying employment. It should not be mistaken for a green card, lawful permanent residency, or an independent guarantee of the right to remain in the United States.
Myth #5: “If I Overstay My Visa, I Can Just Leave the U.S. and Come Back.”
The truth: Departing the United States after accruing unlawful presence can trigger serious immigration consequences.
Some individuals assume that leaving the country will simply reset their immigration history.
Unfortunately, immigration law does not work that way.
Depending on the circumstances, departing after accruing more than 180 days of unlawful presence may trigger a three-year bar to admission. Departing after accruing one year or more may trigger a ten-year bar.
The calculation of unlawful presence is complex, and exceptions may apply.
For example, an individual’s age, immigration classification, pending applications, and other circumstances may affect the analysis.
Certain individuals may qualify for waivers, but eligibility is not automatic.
What I wish people understood: If you have overstayed or violated your immigration status, do not assume that leaving the United States will solve the problem.
Consult an immigration attorney before making international travel decisions that could affect your ability to return.
Myth #6: “If USCIS Denies My Immigration Case, That’s the End of the Road.”
The truth: A denial does not always mean that every immigration option has been exhausted.
I have represented individuals whose immigration cases became significantly more complicated after receiving a denial.
But depending on the circumstances, there may still be legal remedies available.
These can include motions to reopen, motions to reconsider, administrative appeals, filing a new petition where appropriate, or seeking judicial review.
The appropriate remedy depends on the type of application, the reason for the denial, the relevant legal standards, and applicable deadlines.
For example, a denial based on insufficient evidence may present different options from a denial involving fraud allegations or statutory ineligibility.
Of course, not every denial can be successfully challenged, and some decisions have limited review options.
What I wish people understood: Before accepting a denial as the final outcome, have an experienced immigration attorney review the decision and evaluate whether a legally viable remedy exists.
And do not ignore appeal or motion deadlines while considering your options.
Myth #7: “If I Have a Green Card, I Can Travel Outside the U.S. for as Long as I Want.”
The truth: Lawful permanent residents can jeopardize their status through extended or otherwise problematic absences from the United States.
A green card allows lawful permanent residents to live and work permanently in the United States, subject to applicable immigration laws.
However, permanent residence carries an expectation that the United States remains the individual’s permanent home.
Extended international travel can raise questions about whether the person has abandoned permanent residency.
Even an absence of less than one year can raise abandonment concerns depending on the facts.
Long absences can also affect eligibility for naturalization, particularly the continuous residence and physical presence requirements.
A reentry permit may help certain permanent residents document their intention to return, but it does not guarantee admission or eliminate every abandonment concern.
What I wish people understood: Having a green card does not mean you can live abroad indefinitely without potential immigration consequences.
If you plan to spend substantial time outside the United States, obtain legal advice before traveling.
Myth #8: “If I Have a Master’s Degree or Ph.D., I Automatically Qualify for an EB-2 NIW Green Card.”
The truth: An advanced degree alone does not establish eligibility for an EB-2 National Interest Waiver.
This is an increasingly common misconception, particularly among international students and highly skilled professionals.
The EB-2 National Interest Waiver allows qualifying individuals to request an exemption from the usual job-offer and labor-certification requirements.
But there are two distinct parts to the eligibility analysis.
First, the applicant must qualify for the EB-2 classification, generally through an advanced degree or exceptional ability.
Second, the applicant must establish eligibility for a national interest waiver under the applicable legal framework.
That analysis considers the applicant’s proposed endeavor, its substantial merit and national importance, whether the applicant is well positioned to advance it, and whether waiving the job-offer and labor-certification requirements would benefit the United States on balance.
Having a master’s degree, Ph.D., or impressive job title does not automatically satisfy these requirements.
What I wish people understood: An EB-2 NIW petition should be built around a clearly articulated proposed endeavor and persuasive evidence, not simply a collection of academic credentials.
Myth #9: “After Three Years of Having a Green Card, I Can Automatically Apply for U.S. Citizenship.”
The truth: The three-year naturalization rule does not apply to every green card holder.
Generally, lawful permanent residents may qualify to apply for naturalization after five years, provided they satisfy all applicable eligibility requirements.
Certain applicants married to U.S. citizens may qualify under a three-year provision.
However, the three-year rule has additional requirements.
Among other things, the applicant generally must have been living in marital union with the U.S. citizen spouse for the required period, and the spouse must have been a U.S. citizen for at least three years.
Applicants must also satisfy applicable continuous residence, physical presence, good moral character, and other naturalization requirements.
There are additional naturalization provisions and exceptions for certain applicants.
What I wish people understood: Do not assume that everyone becomes eligible for citizenship after three years.
Before filing Form N-400, confirm which eligibility provision applies to your circumstances.
Myth #10: “If USCIS Is Taking Too Long, There’s Nothing I Can Do but Wait.”
The truth: Depending on the circumstances, there may be legal options to address unreasonable immigration delays.
Immigration delays can be incredibly frustrating, especially when they prevent families from reuniting, individuals from advancing their careers, or applicants from making important life decisions.
Although processing times vary and not every delay is legally unreasonable, applicants may have options.
Depending on the case, these may include submitting a USCIS service request, seeking congressional assistance, contacting the USCIS Ombudsman, or pursuing federal litigation.
In appropriate circumstances, a mandamus or Administrative Procedure Act lawsuit may be used to challenge an unreasonable delay or seek to compel legally required agency action.
However, litigation does not guarantee an approval. The objective is generally to obtain a legally required decision or action, not to dictate that the government reach a favorable result.
What I wish people understood: Waiting is not always the only option.
But knowing when and how to challenge a delay requires a careful assessment of the facts, procedural history, and applicable law.
Frequently Asked Questions About U.S. Immigration
Does marrying a U.S. citizen automatically give you legal status?
No. Marriage to a U.S. citizen may establish eligibility for family-based immigration sponsorship, but the foreign national spouse must still meet the applicable requirements for permanent residence.
Can I remain in the United States while my green card application is pending?
It depends on the type of application, whether it was properly filed, and your immigration circumstances. A pending adjustment of status application can provide a period of authorized stay, but it does not necessarily mean you are maintaining lawful nonimmigrant status.
Can I apply for a green card without an employer?
Yes, in certain circumstances. Some immigration categories, including EB-1A and EB-2 NIW, permit eligible individuals to self-petition without employer sponsorship.
Can I become a U.S. citizen after three years with a green card?
Some permanent residents married to U.S. citizens qualify under the three-year naturalization provision, but additional requirements apply. Many other applicants qualify under the general five-year provision.
Can I challenge an immigration denial or an unreasonable USCIS delay?
Potentially. Depending on the circumstances, options may include administrative motions, appeals, or federal court litigation. The availability and suitability of each remedy depend on the specific case.
Final Thoughts: Immigration Misinformation Can Be Costly
If there is one thing I have learned over the years, it is that some of the most serious immigration problems begin with seemingly harmless assumptions.
Someone hears that marriage automatically fixes their immigration status.
Another person assumes their work permit means they can remain in the United States indefinitely.
Someone else believes that an immigration denial means they should give up, or that an application pending for years cannot be challenged.
Unfortunately, these misconceptions can influence decisions with lifelong consequences.
Immigration law is too important to navigate based on rumors, assumptions, or someone else’s experience.
As we continue celebrating 10 years of Ral Obioha Law, I hope this article encourages you to ask questions, verify information, and seek reliable guidance before making important immigration decisions.
The immigration process can be complicated, but understanding the law is an important first step toward making informed decisions about your future.
Have Questions About Your Immigration Options?
At Ral Obioha Law, we represent individuals, families, and professionals in a wide range of U.S. immigration matters, including family-based immigration, employment-based petitions, waivers, naturalization, humanitarian immigration, and federal immigration litigation.
Whether you are beginning your immigration journey or facing an unexpected challenge, our firm can help evaluate your circumstances and explain your potential options.
Warmly,
Ral Obioha, Esq. LLM
Board Certified Attorney in Immigration and Nationality Law
Ral Obioha Law, PLLC
www.ralobiohalaw.com
Let’s talk. We offer consultations to help you understand your options and take the next steps.
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Disclaimer: This article is for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Immigration laws and policies may change, and eligibility depends on individual circumstances.
