Faqs

Yes, but it requires careful legal review. A single arrest or conviction—especially a DUI/DWI, misdemeanor, or offense outside the statutory 3 or 5-year window—does not automatically disqualify you. However, you must submit certified court dispositions and evidence of rehabilitation. We evaluate your criminal record prior to filing to determine whether it impacts Good Moral Character or triggers potential deportation issues.

If you do not pass the English language or civics exam during your initial interview, you do not automatically lose your case. USCIS will schedule a re-test interview, usually within 60 to 90 days. You will only be re-tested on the portion of the exam that you did not pass. If you fail a second time, your Form N-400 application will be denied, and you will need to re-file.

Naturalization is the legal process by which a foreign national voluntarily applies for and receives U.S. citizenship. Acquisition or Derivation of Citizenship occurs automatically by operation of law—either at birth abroad to U.S. citizen parents, or when a minor child’s parent naturalizes before the child turns 18 (under the Child Citizenship Act). In those cases, the child files Form N-600 to obtain a Certificate of Citizenship rather than Form N-400.

Trips outside the U.S. lasting longer than 180 days (6 months) disrupt the continuous residence requirement unless you can present evidence proving you maintained ties, residence, and employment in the United States. Trips lasting longer than 1 year automatically break continuous residence. We analyze your travel records to make sure your physical presence and continuous residence windows are met before submitting Form N-400.

Yes. You have the legal right to appeal an adverse decision to the Board of Immigration Appeals (BIA). A Notice of Appeal (Form EOIR-26) must be filed within 30 calendar days of the judge’s decision. Filing a timely appeal automatically stays execution of the removal order while the appeal is pending.

Many noncitizens detained by ICE are eligible to request an Immigration Court Bond Hearing under INA § 236(a). To secure a bond, you must prove to the Immigration Judge that you are not a threat to public safety or national security and that you do not pose a flight risk. Individuals subject to mandatory detention under INA § 236(c) due to specific criminal records are ineligible for bond.

A Master Calendar Hearing is a short procedural hearing where the judge manages calendar scheduling, accepts legal pleadings, and sets deadlines. An Individual Merits Hearing is your actual trial. It is dedicated entirely to your case, lasting several hours, where you present live testimony, call witnesses, submit documentary evidence, and argue your defense against deportation.

Do not ignore an NTA. Failing to appear for a scheduled Immigration Court hearing will result in an automatic in absentia order of removal, making you subject to immediate deportation and a 10-year bar to re-entry. Contact an experienced removal defense lawyer immediately to review the charges and begin preparing your strategy.

If you file your Form I-765 renewal before your current card expires and belong to an eligible category (such as pending Adjustment of Status, pending Asylum, or TPS), you may qualify for an automatic extension of your work authorization. Presenting your official USCIS receipt notice (Form I-797C) alongside your expired EAD allows your employer to complete Form I-9 reverification lawfully.

Processing times vary based on the underlying eligibility category and current USCIS workload. Generally, initial or renewal EAD applications take between 3 to 8 months. Categories such as pending Adjustment of Status or DACA may follow different timelines. We track official USCIS processing windows to ensure your application stays on schedule.

Under federal law, individuals with a pending asylum application (Form I-589) cannot file for an initial work permit until their asylum application has been officially pending for 150 days. USCIS will not grant the work permit until the application has accumulated a total of 180 days on the official “asylum clock”. Delays caused by the applicant (such as requesting hearing postponements) can pause the clock.

If your card is lost, stolen, or damaged, you must file a replacement Form I-765 with the required filing fee. If USCIS made a typographical error on your card (such as misspelling your name or listing the wrong birth date), we can request a corrected card without paying a new filing fee by returning the original incorrect card with supporting evidence.

If your spouse entered the U.S. without inspection, they are generally barred from adjusting status inside the U.S. unless they qualify under INA § 245(i) or another exemption. However, many spouses can obtain a Green Card by applying for a Form I-601A Provisional Unlawful Presence Waiver while inside the U.S., and then completing Consular Processing abroad. We analyze your spouse’s entry history to determine the safest legal path.

Processing times vary depending on the category of sponsorship, whether the beneficiary is an Immediate Relative or in a preference category, and USCIS or consulate workloads. Concurrent Adjustment of Status applications for immediate relatives generally take between 8 to 18 months, whereas family preference categories subject to annual visa caps may involve longer waiting periods. We monitor processing timelines directly to keep your case moving efficiently.

A denial from USCIS or a consulate can occur due to missing evidence, suspected marriage fraud, or undisclosed inadmissibility grounds. Depending on the circumstances, options include submitting a Motion to Reopen or Reconsider, appealing the decision to the Board of Immigration Appeals (BIA), or refiling the application with stronger corroborating evidence. Contact our office immediately if you receive a Notice of Intent to Deny (NOID) or denial notice.

The U.S. citizen or LPR sponsor must execute Form I-864, Affidavit of Support, generally demonstrating an annual household income of at least 125% of the U.S. Federal Poverty Guidelines for their household size. Certain sponsors on active duty in the U.S. Armed Forces who are sponsoring their spouse or child may qualify at 100% of the Federal Poverty Guidelines. If the sponsor’s income is insufficient, qualifying assets may be used to help meet the financial requirements, or a joint sponsor may be utilized.

Under federal law (8 U.S.C. § 1367), USCIS is subject to strict confidentiality rules designed to protect VAWA self-petitioners, prohibiting the disclosure of your application details or location to your abuser. To safeguard your privacy, all official notices and correspondence are sent only to your attorney of record or to a secure alternate mailing address you designate.

Safety Notice: If you share a device or network with your abuser, your browsing and search history may be monitored. Use a secure, private device (such as one at a public library or a trusted friend’s home) and clear your browser history regularly. If you are in immediate danger or need confidential support, contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or text “START” to 88788 (available 24/7).

An SIJ claim does not require the consent of the abusive, neglectful, or absent parent, and it can be established if the child was harmed or abandoned by at least one parent. However, the process is multi-step and subject to strict legal eligibility rules:

Marital Status: The youth must remain unmarried both when filing and throughout the adjudication of the petition.

State Court Predicate Order: Before applying with USCIS, the child must first obtain a formal custody, dependency, or SAPCR order from a Texas state court declaring that parental reunification is not viable due to abuse, abandonment, neglect, or similar grounds under state law, and that returning to their home country is not in their best interest.

Age Requirements: While federal immigration law allows petitions to USCIS up until age 21, Texas family courts generally lose jurisdiction once the youth turns 18. Therefore, state court proceedings must typically be completed before the child’s 18th birthday.

A U Visa is for victims of qualifying violent crimes (such as assault or domestic violence) who cooperated with police or prosecutors. A T Visa is specifically for victims of human trafficking (labor or sex exploitation) and does not strictly require a formal law enforcement certification, though law enforcement cooperation is encouraged where reasonable.

The U Visa program was created to protect qualifying victims of crime who assist law enforcement in the investigation or prosecution of criminal activity. A key requirement is obtaining a signed Law Enforcement Certification (Form I-918B), which confirms helpfulness to authorities. While the program offers temporary legal status, work authorization, and a potential pathway to lawful permanent residence, statutory annual caps mean applicants often face lengthy wait times before final approval.

Because policies and enforcement practices can vary across local agencies and jurisdictions, approaching authorities without legal guidance carries risk. You should always consult an experienced immigration attorney before contacting law enforcement to review your specific immigration and criminal history.

Yes, under specific legal grounds. If your deportation order was issued in absentia because you never received statutory notice of your hearing, you can file a Motion to Reopen at any time without a deadline. Additionally, cases can be reopened beyond normal deadlines if you qualify for equitable tolling due to ineffective assistance of prior counsel or if country conditions in your home nation have worsened significantly.

No. Unlike a timely BIA appeal (Form EOIR-26), filing a Motion to Reopen with an Immigration Judge does not automatically stay execution of a removal order, unless the motion is based on lack of notice (in absentia order) or filed jointly with DHS. In all other MTR cases, an explicit Emergency Motion for Stay of Removal must be submitted to the court or ICE to prevent deportation while the motion is under review.

If your prior lawyer missed mandatory court deadlines, failed to submit required applications, or provided inadequate legal representation, you may be eligible to file a Motion to Reopen based on Ineffective Assistance of Counsel. This process requires complying with procedural steps under Matter of Lozada, including notifying prior counsel and filing appropriate bar complaints when warranted.

A BIA Appeal challenges a decision made by an Immigration Judge based on errors of law or fact using the existing trial record and must be filed within 30 days. A Motion to Reopen introduces brand new facts, evidence, or relief claims that were not part of the original court record.

It depends on the nature of the offense. If you have been convicted of certain crimes (such as a crime involving moral turpitude or a drug offense), USCIS may determine that you are inadmissible under criminal grounds (INA § 212(a)(2)) in addition to unlawful presence. Because Form I-601A only waives unlawful presence, having other grounds of inadmissibility makes you ineligible for I-601A relief. We evaluate court records before filing to determine whether a criminal waiver (Form I-601) or post-conviction relief is required first.

No. Under INA § 212(a)(9)(B)(v), only a U.S. citizen or Lawful Permanent Resident spouse or parent qualifies as a statutory relative for unlawful presence waivers. However, if your citizen children have medical, educational, or emotional needs that directly increase the stress, financial burden, or hardship on your qualifying spouse or parent, that evidence can be included to strengthen the qualifying relative’s hardship claim.

Processing times for FOIA record requests vary by agency. Requests submitted to USCIS, CBP, or EOIR typically take between 2 to 6 months. Obtaining your records before filing petitions ensures that your application is accurate and avoids unexpected delays.

If USCIS denies a Form I-601A waiver, there is no direct administrative appeal. However, you remain inside the United States and are not automatically placed in removal proceedings unless you have an active criminal history or an outstanding deportation order. You can submit a new Form I-601A with stronger, supplemented evidence of extreme hardship.