Immigration FAQs
Common questions about immigration matters. This is general information, not legal advice — immigration law changes, so please confirm your options in a consultation. Se habla espanol.
Immigration is federal law, so these answers are the same wherever you live. Below are400 questions grouped by topic — each group links to the page that covers it in full.
Working with us
Do you offer consultations in Spanish?
Yes — se habla espanol. We want you to fully understand your options in the language you are most comfortable with.
Is what I tell you confidential?
Yes. What you share in a consultation is kept confidential, and no attorney-client relationship is formed until a written agreement is signed.
How much does an immigration case cost?
Immigration matters are typically handled on a flat-fee basis that we confirm up front in writing, after an initial consultation.
What if I am in removal proceedings?
Act quickly — court deadlines are strict. Contact us right away so your case can be prepared and any available relief identified before deadlines pass.
Family-Based Green Cards
Who can I sponsor for a green card as a U.S. citizen?
As a U.S. citizen, you can generally petition for your spouse, children, parents, and siblings. Your spouse, unmarried children under 21, and parents are considered “immediate relatives,” which usually means no annual waiting line, while adult children and siblings fall into family-preference categories that can involve a wait.
Who can a green card holder petition for?
A lawful permanent resident can generally petition for a spouse and unmarried children. Permanent residents cannot petition for parents or siblings, and married children of residents are not eligible until the resident becomes a U.S. citizen, so timing can matter for your family’s options.
What is the difference between an immediate relative and a family-preference category?
Immediate relatives (spouses, unmarried children under 21, and parents of U.S. citizens) are not subject to annual visa limits, so a visa is generally available right away. Family-preference categories F1 through F4 have yearly caps, which is why applicants in those groups often wait for a visa to become available.
All 20 questions on family-based green cards →
Marriage-Based Green Cards & Adjustment of Status
How do I get a green card through marriage?
Generally, your U.S. citizen or permanent resident spouse files a petition to establish the marriage, and then you apply for permanent residence either inside the U.S. or through a consulate abroad. The government reviews whether your marriage is genuine and whether you are otherwise eligible before approving the green card.
Can I get a green card if I marry a green card holder instead of a citizen?
Yes, permanent residents can petition for a spouse, but the process may involve a wait because spouses of residents fall into a family-preference category with annual limits. Spouses of U.S. citizens are immediate relatives and generally do not face that line. A consultation can explain the timing for your situation.
How long does a marriage green card take?
Timelines vary based on whether your spouse is a citizen or resident, whether you apply inside or outside the U.S., and current agency workloads. An attorney can give you a realistic estimate for your particular case.
All 20 questions on marriage-based green cards & adjustment of status →
Citizenship & Naturalization
When can I apply for U.S. citizenship?
Most lawful permanent residents can apply after holding a green card for a set number of years, and you can often file a few months before you reach that mark. Whether you qualify depends on your specific history, so a consultation can confirm your earliest filing date.
How long do I have to hold a green card before naturalizing?
There is a general waiting period, with a shorter one for people who obtained status through a U.S. citizen spouse. Because the exact count depends on your case, it may help to have an attorney review your timeline.
What is continuous residence and why does it matter?
Continuous residence means you have kept the United States as your home for the required period without long, unexplained absences. Extended trips abroad can interrupt it, which may affect eligibility depending on your situation. An attorney can review your travel history and tell you where you stand.
All 20 questions on citizenship & naturalization →
Deportation & Removal Defense
I got a Notice to Appear (NTA) — what do I do?
A Notice to Appear is the document that starts removal proceedings in immigration court, and it lists the reasons the government believes you are removable. Read it carefully, note any hearing date, and keep the original in a safe place. Talk to a licensed immigration attorney as soon as possible, because you may have defenses or relief available even if the notice looks serious. Se habla espanol — many firms, including ours, offer consultations in Spanish.
What is removal (deportation) proceedings and how does it work?
Removal proceedings are a legal process before an immigration judge where the government tries to show you can be removed from the United States and where you can present your side. It usually begins with an NTA, followed by one or more hearings where you can raise defenses or apply for relief. You have the right to be represented by a lawyer at your own expense, and you have time to prepare. Acting early gives you the best chance to gather evidence and file the right applications.
What is the difference between a master calendar hearing and an individual hearing?
A master calendar hearing is a short, preliminary hearing where the judge confirms basic information, you respond to the charges, and deadlines are set. An individual (or merits) hearing is the longer hearing where you present your case, evidence, and witnesses for the relief you are seeking. Master calendar hearings come first; the individual hearing is scheduled later. Being prepared and on time for each is very important.
All 20 questions on deportation & removal defense →answer varies by state
DACA (Deferred Action for Childhood Arrivals)
Can I still renew my DACA?
If you are a current or past DACA recipient, renewals have generally continued to be processed, but this program is subject to ongoing litigation and can change quickly. It is smart to renew early rather than waiting, and a consultation can tell you the best timing for your situation.
Can I apply for DACA for the first time?
Whether brand-new, first-time DACA requests are being accepted has changed due to court rulings, so this is one area you should verify before applying. Even when first-time filings cannot be approved, some people file to preserve their place in line depending on their situation.
Does DACA give me a green card?
No. DACA is not a green card and does not by itself lead to permanent residence, but many DACA recipients have another path to a green card through family, marriage, employment, or other relief. A consultation can help identify whether you may qualify for something more permanent.
All 20 questions on daca (deferred action for childhood arrivals) →
Asylum & Humanitarian Protection
Do I qualify for asylum in the United States?
You may qualify for asylum if you fear returning to your home country because of persecution based on your race, religion, nationality, political opinion, or membership in a particular social group. Every case is unique, so it helps to speak with a licensed immigration attorney who can review your situation confidentially. Se habla espanol.
What is the difference between affirmative and defensive asylum?
Affirmative asylum is when you apply on your own with U.S. Citizenship and Immigration Services (USCIS) without being in removal proceedings. Defensive asylum is when you request protection as a defense before an immigration judge after removal proceedings have begun. Both seek the same protection, but the process and setting are different.
Is there a deadline to apply for asylum?
Generally, you must apply within a set period after your most recent arrival in the United States. There are important exceptions, so even if you think you missed the deadline, do not give up before speaking with an attorney. Filing on time can protect your rights.
All 20 questions on asylum & humanitarian protection →
U-Visa & VAWA: Protection for Crime & Abuse Victims
What is a U-visa?
A U-visa is a form of immigration protection for victims of certain serious crimes who have suffered substantial harm and are helpful to law enforcement. It can offer lawful status, work authorization, and in time a path toward a green card. Speaking with an attorney can help you understand if your situation may qualify. Se habla espanol.
What is VAWA and who can use it?
VAWA, the Violence Against Women Act, allows certain abused spouses, children, and parents of U.S. citizens or lawful permanent residents to self-petition for status. Despite its name, it protects survivors of any gender. It is designed to help survivors seek safety independently of their abuser.
Do I need my abuser's help or knowledge to file a VAWA self-petition?
No. A VAWA self-petition is confidential and does not require your abuser's cooperation, permission, or even knowledge. This is one of the most important protections VAWA offers survivors. You can take this step on your own with the help of an attorney.
All 20 questions on u-visa & vawa: protection for crime & abuse victims →
Employment-Based Immigration
What is an employment-based visa?
Employment-based immigration lets people come to or stay in the U.S. to work, either through temporary work visas like the H-1B, L-1, or O-1, or through employment-based green cards. The right path depends on your job, qualifications, and employer. A consultation can help you identify which option fits.
Does my employer have to sponsor me?
For most work visas and employment green cards, yes, an employer generally must sponsor and petition for you, though certain categories allow self-petitioning. Whether you need a sponsor depends on your qualifications and the category. An attorney can tell you if a self-petition option is open to you.
Which work visa is right for me?
The best fit depends on your profession, education, employer, and sometimes your nationality; for example, the H-1B suits specialty occupations, the L-1 fits company transfers, the O-1 is for extraordinary ability, and the TN serves certain professionals from Canada and Mexico. Matching your situation to a category is where guidance helps. A consultation can narrow the choices for you.
All 20 questions on employment-based immigration →
Waivers & Consular Processing
What is the 3-year or 10-year bar?
People who accumulate a certain amount of unlawful presence in the United States and then leave can trigger a bar that prevents them from returning for 3 or 10 years, depending on how long they were here unlawfully. A waiver may allow some people to overcome these bars, so a consultation can tell you if one applies to you.
What is a provisional unlawful-presence waiver (I-601A)?
The I-601A provisional waiver lets certain applicants ask the government to forgive the unlawful-presence bar before leaving the U.S. for their consular interview, reducing the time spent apart from family. Approval is based on showing extreme hardship to a qualifying relative and is not guaranteed.
What is the difference between Form I-601 and I-601A?
The I-601A is a provisional waiver for unlawful presence filed while you are still in the U.S., while the I-601 waiver covers a broader range of inadmissibility issues and is often filed in connection with the consular process. Which one fits depends on your specific grounds of inadmissibility, so an attorney should review your case.
All 20 questions on waivers & consular processing →
Adjustment of Status (Green Card From Inside the U.S.)
What is adjustment of status?
Adjustment of status is the process of applying for a green card from inside the United States, using Form I-485, without having to return to your home country for consular processing. Not everyone qualifies, so eligibility depends on your category and how you entered the U.S.
What is the difference between adjustment of status and consular processing?
Adjustment of status lets eligible applicants get their green card while remaining in the U.S., while consular processing means completing the final steps at a U.S. embassy or consulate abroad. Which one applies depends on where you are, how you entered, and your eligibility, and a consultation can help you choose the right path.
Who is eligible to adjust status inside the U.S.?
Eligibility generally depends on having a basis (such as a family petition or approved category), a visa being available, and usually having entered the U.S. lawfully. Certain issues, like how you entered or your immigration history, can affect eligibility. Because the rules are detailed, it’s best to confirm with an attorney.
All 20 questions on adjustment of status (green card from inside the u.s.) →
Green Card Renewal & Replacement (Form I-90)
Does my green card expire?
Standard green cards are issued with an expiration date and must be renewed, but the card is just proof of your status, not the status itself. Renewing keeps your documentation current. If your card is expiring soon, it is a good time to plan ahead.
Does my permanent resident status end when my card expires?
No. An expired card does not take away your permanent resident status; you remain a lawful permanent resident. That said, you should keep a valid card because it proves your right to work and travel. Renewing promptly avoids practical headaches.
How do I renew my green card?
Most permanent residents renew by filing Form I-90 with U.S. Citizenship and Immigration Services. The process is usually straightforward, but gathering the right documents helps avoid delays. If anything in your history is complicated, a consultation can be worthwhile before you file.
All 20 questions on green card renewal & replacement (form i-90) →
Work Permits (Employment Authorization / EAD)
What is an Employment Authorization Document (EAD)?
An EAD, often called a work permit, is a card that shows you are allowed to work in the United States for a certain period. It is requested using Form I-765. Having one lets you take a job legally while your underlying case moves forward.
Who is eligible for a work permit?
Many people qualify, including those with a pending green card application, asylum seekers and asylees, and people with certain protections or statuses. Eligibility depends on your specific immigration category. A consultation can confirm whether you can apply and under which category.
Can I work while my green card application is pending?
Often yes. Many people with a pending adjustment-of-status application can request an EAD so they can work while they wait. The right category and timing matter, so it helps to file correctly. An attorney can confirm you qualify.
All 20 questions on work permits (employment authorization / ead) →
Fiancé(e) Visas (K-1)
What is a K-1 fiance visa?
The K-1 is a visa that lets the foreign fiance(e) of a U.S. citizen travel to the United States to marry that citizen within 90 days of entering. After the marriage, the foreign spouse generally applies for a green card from inside the U.S. through adjustment of status.
Who is eligible for a K-1 fiance visa?
Generally, the petitioner must be a U.S. citizen, both partners must be legally free to marry, and you usually must have met in person within the two years before filing, unless a waiver applies. You must also genuinely intend to marry within 90 days of the fiance’s arrival.
How does the K-1 process work step by step?
The U.S. citizen files a fiance petition with USCIS; after approval it goes to the Department of State and then to a U.S. consulate abroad, where the fiance attends an interview. If approved, the fiance enters the U.S., you marry within 90 days, and then the spouse applies for a green card.
All 20 questions on fiancé(e) visas (k-1) →
T-Visa: Protection for Trafficking Survivors
What is a T-visa?
A T-visa is a form of protection for survivors of human trafficking, whether the trafficking involved forced labor or commercial sex. It can provide lawful status, work authorization, and eventually a possible path to a green card. If you think you may have been trafficked, an attorney can help you explore your options confidentially. Se habla espanol.
How do I know if what happened to me counts as trafficking?
Human trafficking can involve being forced, tricked, or coerced into labor or commercial sex, and it does not always involve physical restraint or crossing a border. Many survivors do not realize that what they experienced qualifies. Speaking with an attorney can help you understand whether your situation may fit.
Do I have to help law enforcement to get a T-visa?
In general, T-visa applicants are expected to comply with reasonable requests from law enforcement to help investigate or prosecute the trafficking. However, there are important exceptions, including for trauma and for those who were young at the time. An attorney can explain how these rules apply to you.
All 20 questions on t-visa: protection for trafficking survivors →
Temporary Protected Status (TPS)
What is Temporary Protected Status (TPS)?
TPS is a temporary immigration protection for people from certain countries facing conditions like armed conflict or disaster that make safe return difficult. It can provide protection from removal and work authorization for a limited, renewable period. Because it is temporary and changes often, it is important to check current rules. Se habla espanol.
Is TPS still available for my country?
TPS country designations change frequently, with countries being added, extended, or ended on short notice. Because this changes so often, you should always verify your country's current status. An attorney can help you confirm whether you may be eligible right now.
How do I know if my country is designated for TPS?
Country designations are set by the U.S. government and can change at any time. It is important not to rely on old information, because designations are frequently updated. Checking your country's current status with an attorney is the safest approach.
All 20 questions on temporary protected status (tps) →
Special Immigrant Juvenile Status (SIJS)
What is Special Immigrant Juvenile Status?
Special Immigrant Juvenile Status (SIJS) is a form of immigration protection for certain young people who have been abused, abandoned, or neglected by a parent and cannot safely reunify with that parent. It can lead to a green card, but it requires specific findings from a state court plus a separate immigration petition.
Who qualifies for SIJS?
SIJS may be available to young people who are unmarried, under a certain age, and who a state juvenile, family, or probate court has found cannot safely reunify with one or both parents because of abuse, abandonment, or neglect. Because age and timing rules are strict, a consultation can tell you whether you may qualify.
What court findings does SIJS require?
A state juvenile, family, or probate court must make specific findings, generally that the young person is dependent on the court or placed with someone, that reunification with a parent is not viable due to abuse, abandonment, or neglect, and that returning to the home country is not in the child’s best interest. These findings are the foundation of the immigration case.
All 20 questions on special immigrant juvenile status (sijs) →answer varies by state
Immigration Bond & Detention
My loved one was detained by immigration — what should I do first?
Try to stay calm and gather basic information such as their full legal name, date of birth, and country of birth, which you will need to locate them. Avoid signing anything or paying anyone who promises quick results before you understand the situation. Then contact a licensed immigration attorney to review options, including a possible bond hearing. Se habla espanol — help is often available in Spanish.
How do I find someone who has been detained by ICE?
You can use the ICE Online Detainee Locator System, a public tool that lets you search by the person’s alien registration number or by their name, date of birth, and country of birth. It can take some time after an arrest for records to appear, so you may need to check again. Once you find where they are held, you can arrange visits, phone calls, and legal help. An attorney can also assist with locating a detained family member.
What is an immigration bond?
An immigration bond is an amount of money paid to the government so that a detained person can be released while their immigration case continues. It works like a promise that the person will attend all future hearings. If they attend as required, the bond money is generally returned at the end of the case. An attorney can explain whether your loved one may be eligible for bond.
All 20 questions on immigration bond & detention →answer varies by state
Cancellation of Removal
What is cancellation of removal?
Cancellation of removal is a defense available in immigration court that can allow certain people facing deportation to stay in the United States and, in some cases, obtain a green card. It comes in two main forms, one for lawful permanent residents and one for non-permanent residents, each with different requirements.
Is cancellation of removal only available in immigration court?
Yes. Cancellation of removal is a form of relief you request as a defense once you are in removal proceedings before an immigration judge; it is not something you can simply apply for on your own beforehand. If you are in court, an attorney can help you determine whether you may qualify.
Who qualifies for LPR cancellation of removal?
Lawful permanent resident cancellation, under §240A(a), generally requires that you have been a permanent resident for a certain number of years, have lived in the U.S. continuously for a set period, and have not been convicted of certain disqualifying crimes. A consultation can confirm whether you meet these conditions.
All 20 questions on cancellation of removal →
Know Your Rights: ICE Encounters & Family Preparedness
What are my rights if ICE comes to my home?
This is general information and not legal advice, but everyone in the United States has certain constitutional rights regardless of immigration status. You generally do not have to open your door unless officers show a warrant signed by a judge, and you can ask them to slide it under the door or hold it to a window. You have the right to remain silent and to speak with a lawyer. Try to stay calm and do not run or resist. These rights are consistent with guidance from trusted sources like the ACLU and ILRC.
Do I have to open the door if immigration agents knock?
As general information, you usually do not have to open your door unless the agents have a warrant signed by a judge (a judicial warrant), not just an administrative form. You can ask them to show the warrant through a window or under the door and check that it lists your correct name and address and is signed by a judge. You can speak to them through the door without opening it. Stay calm and, if unsure, say you want to talk to a lawyer. This reflects guidance from organizations such as the ACLU and ILRC.
What is the difference between a judicial warrant and an ICE administrative warrant?
A judicial warrant is signed by a judge and generally allows officers to enter a home, while an administrative warrant (often a Form I-200 or I-205) is signed by an immigration officer and does not by itself authorize entry into your home without consent. As general information, you can ask to see the document and look for a judge’s signature. If it is only an administrative form, you can decline to open the door and state that you do not consent to entry. When in doubt, ask to speak with a lawyer.
All 20 questions on know your rights: ice encounters & family preparedness →answer varies by state
Avoiding Notario Fraud: Choosing Real Legal Help
Is a notario or notary public a lawyer?
No. In the United States, a “notary public” or “notario” is not a lawyer and generally cannot give legal advice or represent you in immigration matters. In many Latin American countries the word “notario” means a highly trained lawyer, but in the U.S. it does not — this difference causes serious confusion. Only a licensed attorney or an accredited representative can legally give you immigration advice. Se habla espanol — we are happy to explain the difference.
Why can’t a notario give me legal advice?
A notary public in the United States is only authorized to witness signatures and perform limited administrative tasks, not to practice law. Giving immigration advice, choosing which forms to file, or representing you before immigration authorities is the practice of law, which requires a license. When a notario does these things, it is often illegal and can seriously harm your case. Always confirm you are working with a licensed attorney or an accredited representative.
Who is legally allowed to help me with my immigration case?
Only a licensed attorney in good standing or a representative accredited by the U.S. Department of Justice through a recognized organization can legally give immigration legal advice and represent you. These are the two categories you should look for. Anyone else, including a notary or a “consultant” without accreditation, generally cannot lawfully advise you. Verifying credentials before you pay or sign anything protects you.
All 20 questions on avoiding notario fraud: choosing real legal help →answer varies by state
Where your state does change the answer
A few immigration questions are not federal — which office and court handle your case, how detention works where you are, the state court order a juvenile case needs, and how far local police cooperate with immigration enforcement. Pick your state for those.
General information, not legal advice. Immigration law and policy change frequently — confirm your options in a consultation before acting on anything here.