Frequently Asked Questions
Immigration
Who're Lawful Permanent Residents (LPRs)?
LPRs, also known as “green card” holders, are non-citizens who are lawfully authorized to live permanently within the United States. LPRs may accept an offer of employment without special restrictions, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. They also may apply to become U.S. citizens if they meet certain eligibility requirements. The Immigration and Nationality Act (INA) provides several broad classes of admission for foreign nationals to gain LPR status, the largest of which focuses on admitting immigrants for the purpose of family reunification. Other major categories include economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the United States.
Who're Conditional Lawful Permanent Residents (CLPRs)
A conditional green card is valid for only two years, and the designation “CR1” on the physical card stands for “conditional resident.” A conditional green card holder must file Form I-751 to “remove the conditions” and obtain a permanent green card. In most cases, a conditional green card is issued to a spouse who has been married for less than two years at the time their green card was first approved.
What's A "Bona Fide" Marriage?
A “bona fide” marriage means two people who intend to build a future together and who did not marry only for immigration purposes. Evidence of an authentic marriage can include joint financial documents, evidence of living together (cohabitation), tickets and photos from trips taken together, among others.
Why's the Third Circuit's Opinion in Ndungu v. Attorney General Important?
Ndungu v. Attorney General, (No. 20-2562 (3d Cir. 2025) is a big win for immigration. Not only did it reject the BIA’s use of the realistic probability test, but it also held that Pennsylvania felony fleeing and eluding is not a CIMT. It did so in a slightly different way than previous non-precedential panels had done, and in a way that will hopefully be helpful for future categorical approach PA cases. Ndungu v. Attorney General United States
Foreign Investments and International Trade
What's the Committee on Foreign Investment in the United States (CFIUS)?
The CFIUS is an interagency committee authorized to review certain transactions involving foreign investment in the United States and certain real estate transactions by foreign persons, in order to determine the effect of such transactions on the national security of the United States.
What're Export Administration Regulations (EARs) and the Bureau of Industry and Security (BIS)?
Most U.S.-sourced items and some internationally-sourced items that are considered dual-use (possessing both commercial and military proliferation applications), as well as certain purely commercial and munitions items, are subject to the EARs, administered by the BIS. The EARs are available at bis.doc.gov.
What Could Foreign Firms Learn from TikTok v. Garland?
TikTok v. Garland is a lawsuit brought by social media company TikTok against the United States government. Chinese internet technology company ByteDance Ltd. and its subsidiary TikTok, Inc. claim that the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) violates the Freedom of Speech Clause of the First Amendment, the Bill of Attainder Clause of Article One, Section Nine, and the Due Process Clause and Takings Clause of the Fifth Amendment. The law bans or requires divestment of social media apps meeting specified criteria that are owned by foreign corporations from, or by corporations owned by foreign nationals from, countries designated as U.S. foreign adversaries and that have been determined by the President to present a significant national security threat, and explicitly defines TikTok and any application operated by a ByteDance subsidiary as a “foreign adversary controlled application” under the law.