FAQs

No, only those meeting certain eligibility criteria in specific categories may apply for residency in the United States. Most people will never have the opportunity to reside in the United States. The two primary categories of immigration are family based and employment based. No, not just anyone with a job offer can relocate to the US. These are very specific and very limited categories. Family based immigration requires a US Citizen or LPR relative. No, not a cousin. Only certain relationships apply.

First, people are not “illegal.” It is conduct, not people, that is illegal or unlawful. Second, it is a myth that most people who are here unlawfully entered unlawfully. Most people who are not currently in lawful status, entered with a valid visa but “overstayed” the period of visa validity. Those who do enter unlawfully do so because there is no option to enter lawfully and they are attempting to escape untenable conditions in their home country. They want to keep their family safe just like you want to keep your family safe. If it were the only way, would you climb a fence to protect your child?

Unlawful presence is not a crime. It is a violation of federal immigration law to remain in the country without legal authorization. However, that does not make it a crime. Accruing unlawful presence is punishable by civil penalties, i.e., deportation, not criminal penalties. Compare this to committing a building code violation. Committing a building code violation is an unlawful act but not a criminal act.

DACA is the “fix.” Obtaining a Green Card is not as simple as applying and “following the law.” Most people who want to obtain lawful permanent residency will never be able to do so despite being good, hardworking, honest people. This currently includes those brought here unlawfully as children and those who were brought here lawfully but overstayed their visas. Without a US Citizen immediate family member, it is highly unlikely that these people will ever be able to apply for a Green Card. DACA is the only option for most of these people.

Only if you have a lawful entry. This would be the case if you have ever left the US and reentered with Advance Parole or if you have overstayed a visa.

If you do not have a lawful entry, you must attend consular processing in your “home country.” However, once you leave the US, you will face a ban on reentry. Currently, applications for Advance Parole are being processed under certain situations. Contact us to discuss this as a possible option.

With remote representation, one need not schedule and keep an appointment during “office hours.” This means that no one needs to miss work or arrange childcare. It also means that neither the intending immigrant or the relevant family members need to leave their homes; drive to an office; attempt to find parking or sit in a waiting room. Immigration cases are routinely handled through email.

An applications package properly prepared by a qualified attorney does not require the attorney’s presence at the interview. Applicants must answer every question and must do so honestly. Attorneys are not permitted to object to any question or to answer for the applicant or family member. Many applicants attend consular processing. These interviews are almost never conducted with an attorney present.

The time between visa issuance and expiration date is called your visa validity. The visa validity is the length of time you are permitted to travel to a port-of-entry in the United States. Depending on your nationality, visas can be issued from a single entry (application) up to multiple/unlimited entries.

Someone who has a Green Card is a Lawful Permanent Resident of the United States.

There is no difference. “LPR” are the initials for “Lawful Permanent Resident” and the current card that evidences LPR status is green. Hence the term, “Green Card” or “Green Card holder.”

Non-US Citizens, including lawful permanent residents (Green Card holders) cannot legally vote in federal, state, and most local elections. Even registering to vote, as a non-US Citizen, is a crime and cause for imprisonment and deportation. It does not matter if someone tells you that you may vote. DO NOT VOTE until you are a US Citizen. Be VERY careful at the department of Motor Vehicles (DMV). The DMV and DMV forms routinely ask people to register to vote. Before you submit any form or application, make sure that you have not checked a box or accidently signed to register to vote. You may also receive fliers at home. DO NOT REGISTER TO VOTE. DO NOT ATTEMPT TO VOTE.

 

NON-US CITIZENS SHOULD NOT USE MARIJUANA. The possession and use of Marijuana is a federal crime. State legalization does not change the fact that the possession and use of Marijuana is a federal crime

Possibly. Both Acquisition of Citizenship and Derivative Citizenship are complicated areas of immigration law that are fact specific. Contact us for a consultation. 

Acquired Citizenship refers to citizenship granted to the children of a US citizen who were born in a foreign country. Derivative Citizenship refers to the process of becoming a US Citizen if your parents become US Citizens, or if US Citizens become your parents through adoption.

Possibly. Both Acquisition of Citizenship and Derivative Clientship are complicated areas of immigration law that are fact specific. Contact us for a consultation. 

The Selective Service is a registration program used by the US government to create and maintain a list of names of men from which to draw in case of a national emergency requiring rapid expansion of our armed forces. 

https://www.sss.gov/register/

This depends on certain factors such as your child’s age and whether or not your child was in your custody at the time of naturalization. It is best to consult with an attorney to discuss specifics. Feel free to Contact us. 

There could be a variety of reasons such as you filed Pro Se, the pandemic and USCIS backlogs.

When law firms guarantee same day responses, it means that a member of their staff will send an acknowledgment of your email and let you know that the paralegal or attorney will respond if needed. You know that the email was received because it is in your sent folder and did not “bounce back.” Therefore, there is no real client benefit to this. Our responses may take 2-3 business days but they are substantive in nature. You never need to work around a secretary, paralegal or temp to reach your attorney.

When you apply for a green card (adjustment of status) in the United States, you will need to have a medical examination. The exam must be done by a doctor who is authorized by USCIS. The USCIS approved doctor, whom you select, will complete the I-693, Report of Medical Examination and Vaccination Record.

 

It is important that you not open the sealed envelope that the doctor will provide. You may submit the envelope with your adjustment of status applications package or bring it with you to the interview. You may find a doctor and more information at the following link.

 

https://my.uscis.gov/findadoctor

So many people seem to think that any US Citizen can sponsor an immigrant to relocate to and reside in the US. This is pure fiction. There is no “friend or acquaintance” option to obtain LPR in the United States. Most people who wish to immigrate to the United States will never be allowed to do so.

Many of our same sex clients have this concern. Rest assured that we have not seen nor have we been notified by our clients or colleagues of bias during the spouse based Green Card process. While individual USCIS officers and consular officers have a great deal of freedom to use their discretion when granting or denying green card applications, bias cannot legally play a role in this process. Both USCIS and consular officers are expected to carry out the law despite any personal feelings that they may or may not have. Should bias ever occur, there are actions that we can take! 🏳️‍🌈 

No! When one enters on a non-immigrant visa, they are making a legal promise to leave at the end of their authorized stay. Therefore, entering, on a non-immigrant visa, with the intent to remain, is immigration fraud. It is the intent, upon entry, that is relevant. When one enters on a non-immigrant visa, their intent must be to leave at the end of their authorized stay. Entering with the intent to remain can and does lead to denied entry; revoked visas; deportation and bans on reentry.

“Just do it myself.” “The forms look easy.” The biggest mistake that intending immigrants and their families make is assuming that immigration law is all about the forms. Immigration law is all about the law and it is an extremely complicated area of law. What you do not know can hurt you and your loved ones. Trying to represent yourself is the equivalent of trying to perform your own surgery. Stop filling the bathtub with ice and retain an attorney before you bleed out.

No, we are available to represent clients located in all fifty states and abroad.

If you have a question or concern that is not addressed here, feel free to contact us and we will be happy to answer any other questions you may have.

Immigration law is federal, not state law so every attorney who is licensed to practice law in one state is automatically licensed to practice immigration law in all 50 states. Immigration petitions and applications are not filed locally, so a local office or meeting with the clients in person is never required. All communication is handled through email. This leaves both attorney and client with a written record of each conversation.

Once a client is ready to proceed, that day, our office drafts and sends an Agreement of Representation and an invoice. Once the Agreement is signed and returned by email and the invoice is paid, our office sends the intake sheet and we begin the process.

Aside from a possible initial call, communication is exclusively through email. Answering the phone each time a potential client calls would necessitate the cessation of work on existing client’s files. Each client is too valuable to allow this practice. Further, having clients located throughout the US and in many different countries means dealing with multiple time zones. It is impractical to personally communicate with each client via telephone and utilizing an answering service only serves to waste the client’s valuable time.

 

Perhaps most importantly, phone calls are often an ineffective way to communicate complex immigration law issues. Bluntly, Clients never remember all of the information that is provided during a call. There is simply too much to process within a 10, 30 or 60 minute call. With email, each client has a written record of all communications. This way if something is forgotten, day or night, all the client has to do is to open the email.  

https://iapps.courts.state.ny.us/attorneyservices/search?3

A lawful permanent resident (LPR), also known as a “green card holder,” is a foreign national who is authorized to live and work anywhere in the United States, sponsor certain relatives for their own green cards, and ultimately have the opportunity to apply for US Citizenship.

A “green card,” issued by U.S. Citizenship and Immigration Services (USCIS), provides proof of lawful permanent resident status, with authorization to live and work anywhere in the United States. Most green cards must be renewed every 10 years, but conditional green cards based on marriage must be replaced after the first 2 years.

 

A bonafide marriage is one that was entered into for purposes other than to gain an immigration benefit. Do not translate this into a “Facebook Happy Marriage.” Real marriages are not social media perfect. A Bonafide Marriage can be one entered into for love, an arranged marriage or a marriage that was entered into because of an expectant child. Proving that your marriage is bonafide is a crucial step with spouse- based applications.

To become a US Citizen, you must file an Application for Naturalization. Prior to taking this step, you must have your Green Card for 3 years, if married to and residing with your US citizen spouse for those three years, or for 5 years. You must also demonstrate good moral character and, unless you qualify for an exception, speak, read, and write in English and pass the American History and Government test.

The issuance of driver’s licenses falls under state and not federal law. Each state has their own rules, regulations and requirements. Contact your local DMV after thoroughly reviewing their posted requirements online. Be prepared to ask to speak to a supervisor if needed.

Almost all male US citizens and male immigrants, who are 18 through 25, are required to register with Selective Service. It’s important to know that even though a male registers for Selective Service, he will not automatically be instated into the military. The US has powerful and ample volunteer services. A draft is highly unlikely to occur.

Yes! Many people think that they may never become a US Citizen due to a failure to register but this is not the case.  We have two options. 1) We can attempt to show that you were unaware of your requirement to naturalize or 2) We can simply wait until the relevant GMC period has passed. If you are under 26 now and an LPR, you may register at the following link. https://www.sss.gov/register/

You may check processing times at the following link. Be advised that posted processing times are frequently inaccurate.

 

https://egov.uscis.gov/processing-times/

First, this is not a productive question to ask. What happened with Person X’s case has nothing to do with your case. Second, your petition may be at a different office or with a different officer. You likely have different facts and backgrounds and provided different evidence. It is quite possible that you filed Pro Se while Person X retained a qualified attorney.

 

We are convinced that USCIS officers have a drawer named the “Black Hole” into which they throw all Pro Se petitions and applications. After reviewing many Pro Se petitions and applications, we find this to be understandable.

No. First and foremost, under the Rules of Professional Conduct that attorneys are required to follow, attorneys are ethically prohibited from guaranteeing results.

 

Second, our time is as valuable as yours and we deserve to be compensated for the substantial time and effort that we put into each file. While we can and do advise each and every client to the best of our ability, there are certain situations that we cannot control. For instance, we could not have predicted the pandemic and subsequent border closures. Further, occasionally, we have a client omit relevant facts. These omissions could cause a denial through no fault of our own. For instance, if a naturalization client tells us that they have no criminal history when they were convicted of petty larceny two years ago, the application will be denied despite our best efforts.

Our questions about our fees are evenly split between those who ask why our fees are more expensive than other attorneys and those who ask why our fees are less expensive than other attorneys. Attorney’s fees vary widely throughout the US. We calculate our fees based on the expected amount of time and energy that we will expend on your case. When comparing attorney’s fees throughout the United States, we are at the very low end. This is understandable; since we are a remote practice, we do not have any overhead. This means that we do not have to factor in rent or mortgage for an office. Nor do we have to factor in the cost to employ a receptionist. For a very few areas of the US, we are at the higher end. However, most people who find our fees higher have been browsing non-attorney sites or sites where some attorney somewhere “prepares all of your documents” We do not “fill out forms.” We provide representation.

 

Under the immigration laws of the United States, a foreign national who applies for an immigrant visa abroad, or who seeks to adjust status to a permanent resident while in the United States, is required to receive vaccinations to prevent the following diseases:

  • Mumps
  • Measles
  • Rubella
  • Polio
  • Tetanus and Diphtheria Toxoids
  • Pertussis
  • Haemophilus influenzae type B
  • Hepatitis B
  • COVID-19
  • Any other vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices