Frequently Asked Questions
Find answers to common questions about the immigration process, visas, green cards, citizenship, and more. If you do not see your question here, contact us for a free consultation.
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General Immigration Questions
Do I need an immigration attorney?
While you can file immigration applications yourself, having an experienced attorney significantly increases your chances of approval. Immigration law is complex and constantly changing. An attorney can identify potential issues, prepare stronger applications, and represent you if problems arise. For complicated cases like asylum, deportation defense, or cases involving criminal history, legal representation is strongly recommended.
How much does an immigration attorney cost?
Legal fees vary depending on the type of case and its complexity. We offer free initial consultations to discuss your case and provide a fee estimate. Payment plans may be available for certain cases. The cost of an attorney is often worthwhile considering the time, stress, and potential costly mistakes that can occur with self-filed applications.
How long does the immigration process take?
Processing times vary significantly depending on the type of application, your country of origin, and current USCIS backlogs. Every case is different. During your free consultation, we will assess your situation and provide a realistic timeline for your specific case.
What documents do I need for my immigration case?
Required documents vary by case type but typically include passports, birth certificates, marriage certificates, financial documents (tax returns, pay stubs, bank statements), photos, and evidence of qualifying relationships. During your consultation, we provide a detailed checklist specific to your case.
K-1 Fiancé Visa Questions
What is a K-1 fiancé visa?
The K-1 fiancé visa allows a U.S. citizen to bring their foreign fiancé to the United States to get married. After arrival, the couple must marry within 90 days, after which the foreign spouse can apply for adjustment of status to become a permanent resident (green card holder).
What are the requirements for a K-1 visa?
Key requirements include: the petitioner must be a U.S. citizen (green card holders cannot petition for fiancés), both parties must be legally free to marry, you must have met in person within the past 2 years, and you must intend to marry within 90 days of arrival. The petitioner must also meet income requirements.
How long does the K-1 visa process take?
Processing times vary depending on USCIS workload, the embassy location in your fiancé's country, and your specific circumstances. Schedule a consultation for a realistic assessment of your case timeline.
Can I visit my fiancé while the K-1 is pending?
Yes, your fiancé can usually visit the U.S. on a tourist visa (B-1/B-2) while the K-1 is pending, as long as they demonstrate intent to return home. However, they must be careful not to overstay or violate the terms of their tourist visa, as this could affect the K-1 application.
Green Card Questions
What is the difference between a green card and citizenship?
A green card (permanent resident card) allows you to live and work permanently in the U.S. but you remain a citizen of your home country. Citizenship (naturalization) makes you a U.S. citizen with full rights including voting and holding certain government positions. Green card holders can apply for citizenship after 3-5 years depending on how they obtained their green card.
How do I get a green card through marriage?
If you are married to a U.S. citizen or green card holder, you may be eligible for a family-based green card. The process involves the U.S. citizen/resident filing a petition (I-130), followed by either adjustment of status (if you are in the U.S.) or consular processing (if abroad). Spouses of U.S. citizens are immediate relatives with no visa waiting period.
What is adjustment of status?
Adjustment of status is the process of applying for a green card while you are already in the United States. This avoids having to leave the country for consular processing. Not everyone is eligible for adjustment of status - it depends on how you entered the U.S. and your current immigration status.
Can I travel while my green card application is pending?
If you are adjusting status in the U.S., you should not travel abroad without advance parole (travel document). Leaving without advance parole can abandon your application. We help clients obtain advance parole so they can travel during the application process.
Asylum Questions
What is asylum?
Asylum is protection granted to individuals who have suffered persecution or fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group (including LGBTQ+ individuals). Asylum allows you to remain in the U.S. and eventually apply for a green card.
How long do I have to apply for asylum?
Generally, you must apply for asylum within one year of arriving in the United States. There are limited exceptions to this deadline, so it is crucial to consult with an attorney as soon as possible if you are considering an asylum claim.
Can I work while my asylum case is pending?
You can apply for work authorization 180 days after filing a complete asylum application. If your application is approved, you receive work authorization and can eventually apply for a green card after one year.
Citizenship Questions
When can I apply for U.S. citizenship?
Most green card holders can apply for citizenship after 5 years of continuous residence. If you obtained your green card through marriage to a U.S. citizen and are still married, you may apply after 3 years. You must also meet physical presence requirements and have good moral character.
What is the citizenship test?
The citizenship test has two parts: an English test (reading, writing, and speaking) and a civics test (U.S. history and government). You must answer 6 out of 10 civics questions correctly. We provide study materials and help clients prepare for the test.
Can I have dual citizenship?
The United States allows dual citizenship, meaning you can become a U.S. citizen while retaining citizenship in your home country (if your home country allows it). However, some countries require you to renounce other citizenships. Check with your home country about their dual citizenship policies.
Still Have Questions?
Every immigration case is unique. Schedule a free consultation to discuss your specific situation with an experienced immigration attorney.