Immigration Frequently Asked Questions

Non-immigrant Visas:

	B1 / B2 Visitor visa extension
	L-1A & L-1B Intracompany visas
	O-1 Extraordinary abilities
	P-1 Artists and Athletes visas
	R-1 Religious workers visa
	E-2 Investor visa
	H-1B Professional worker visa
	TN Canada / Mexico worker visa

Employment-based Immigrant Visas:

	EB-1: Priority workers
	EB-2: Professionals
	EB-3: Skilled workers

PERM Labor Certification

Consular Processing

Family Immigration

Attorney Profiles

Human Resources & Corporate Clients

FAQ and Knowledge base

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Muston & Jack, P.C.
A Professional Corporation
1671 The Alameda, Suite 210
San Jose, CA 95126
Send us an email
Phone: (408) 293-2026
Fax: (408) 293-7617

Los Angeles Office:

645 West 9th St. Unit 110-182
Los Angeles, California. 90015
Phone: (323) 506-5388
Fax: (323)-843-9879

Frequently Asked Questions

What is the difference between an immigrant and nonimmigrant visa?

An immigrant visa allows the visa holder to work and live permanently in the United States as a lawful permanent resident (often known as a “green card” holder). A nonimmigrant visa allows the visa holder to stay in the U.S. for a limited period of time, and for a limited purpose. For example: for study, medical treatment, tourism, or business.

For which family members may a US citizen petition?

U.S. citizens may petition for their “immediate relatives,” which include spouses, unmarried minor (under 21 years old) children, and parents. For these family members there is no wait to get lawful permanent residence. As soon as the petition for the family member is approved by USCIS, the immigrant family member can apply for lawful permanent residence.

U.S. citizens may also petition for unmarried adult (21 and older) children, married sons and daughters, and brothers and sisters. These family members must wait to be able to apply for lawful permanent residence. Only a certain number of these family members every year will be given lawful permanent residence. Everyone else joins a waiting list.

For which family members may a lawful permanent resident petition?

Lawful permanent residents may petition for their spouses and unmarried children (of any age). These family members are not “immediate relatives” and must wait to be able to apply for lawful permanent residence. Only a certain number of these family members every year will be given lawful permanent residence. Everyone else joins a waiting list.

The law offices of Muston & Jack are located in San Jose, California. It represents residents and businesses of the San Francisco south bay area and Silicon Valley in Northern California. Serving clients throughout Santa Clara, Alameda, Contra Costa, San Mateo, and San Francisco, and from cities such as Mountain View, Sunnyvale, Campbell, Cupertino, Saratoga, Los Gatos, Los Altos, Palo Alto, Gilroy, Morgan Hill, Milpitas, Fremont, San Francisco, Oakland, and San Mateo. Muston & Jack P.C. handle U.S immigration concerns for corporate employers and individuals nationwide.