Frequently Asked Questions

You are not legally required to hire an attorney to file an immigration application. However, immigration law is one of the most complex areas of U.S. law, and even a minor error on a form or a missing document can lead to delays, denials, or serious consequences for your case. An experienced attorney can evaluate your eligibility, identify potential problems before they arise, and build the strongest possible case. This is especially important if your situation involves any complicating factors such as prior immigration violations, criminal history, or previous denials.

Bring any immigration documents you have, including your passport, visa, I-94, any notices or receipts from USCIS (I-797 notices), prior petitions or applications, work permits, green card, and any correspondence from USCIS, the Immigration Court, or an embassy. If your case involves a criminal matter, bring court records, dispositions, and sentencing documents. The more information you provide at the initial consultation, the better we can evaluate your options.

There is no single answer as processing times vary significantly depending on the type of case, the agency or office handling it, and the applicant's individual circumstances. Family-based cases depend on the relationship and the applicant's country of birth, with some categories processed relatively quickly and others subject to lengthy visa backlogs. Employment-based cases depend on the visa category, whether a labor certification is required, and current demand. Asylum, naturalization, investor, and immigration court cases each follow their own processing schedules, which can shift as agency workloads and policies change. During your consultation, we will review the specifics of your situation and give you an honest, realistic estimate of what to expect.

Legal fees vary depending on the complexity of the case. During your initial consultation, we will discuss the scope of work involved and provide you with a clear fee structure before you commit to anything. In addition to attorney fees, most immigration cases require government filing fees paid directly to USCIS, EOIR or other agencies. We will make sure you understand the full cost before we begin.

Yes. If you filed with USCIS, you can check your case status online using your receipt number, which is found on your I-797 Notice of Action. If you have a case in Immigration Court, you can check your hearing date and case status through the EOIR Automated Case Information System. Our Resources page has links to all of these tools.

A green card grants you lawful permanent resident status, which means you can live and work in the United States indefinitely. However, permanent residents cannot vote in federal elections, may lose their status if they commit certain crimes or abandon their residence, and must carry their green card at all times. U.S. citizenship is permanent and cannot be taken away under normal circumstances. Citizens can vote, obtain a U.S. passport, and sponsor a broader range of family members for immigration benefits.

The most common pathways to a green card are through a family member who is a U.S. citizen or permanent resident, through an employer, or through special categories such as asylum, the Diversity Visa Lottery, or the Violence Against Women Act. The right path depends on your individual circumstances, including your current immigration status, your family relationships, your employment situation, and your country of origin.

The Visa Bulletin is published monthly by the U.S. Department of State and determines when immigrant visas are available for applicants in family-sponsored and employment-based preference categories. If your green card case falls into one of these categories, the Visa Bulletin controls when you can file your adjustment of status application or attend your consular interview. Your priority date, which is typically the date your petition was filed, must be current according to the Visa Bulletin before you can move forward.

If you received your green card through marriage and you were married for less than two years at the time it was approved, your green card is issued on a conditional basis and is valid for two years. Before it expires, you must file Form I-751 to remove the conditions and obtain a permanent, 10-year green card. This petition is typically filed jointly with your spouse. If you are divorced, separated, or your spouse is abusive, you may be eligible to file a waiver. It is critical to file on time, as failure to do so can result in the loss of your permanent resident status.

Yes, but with important limitations. If you leave the United States for more than six months, USCIS may question whether you have abandoned your permanent residence. Absences of more than one year generally require a reentry permit, which must be applied for before you depart. Extended time outside the country can also affect your eligibility for naturalization. If you plan to travel abroad for an extended period, consult with our office before you leave so we can advise you on how to protect your status.

In most cases, you can apply for naturalization if you have been a lawful permanent resident for at least five years, or three years if you obtained your green card through marriage to a U.S. citizen and are still married to and living with that spouse. You must also be at least 18 years old, demonstrate continuous residence and physical presence in the United States, and show good moral character. You can file your application up to 90 days before you meet the residency requirement.

At your naturalization interview, a USCIS officer will review your application, verify your identity, and ask you questions about your background and eligibility. You will also be tested on your ability to read, write, and speak basic English, and you will be asked civics questions. Some applicants may qualify for exceptions or accommodations based on age, length of residency, or medical conditions. We prepare all of our clients thoroughly for their interviews.

Not necessarily, but it depends on the nature of the offense. Certain crimes permanently bar naturalization, including aggravated felonies. Other offenses, such as crimes involving moral turpitude, may create a temporary bar or raise questions about good moral character. Even arrests that did not result in a conviction can be relevant. Attorney Morales's background as a former prosecutor gives him a unique understanding of how criminal records affect immigration cases, and he can evaluate whether your history poses a risk before you file.

U.S. citizenship is extremely difficult to lose. It can only be revoked in rare circumstances, such as if it was obtained through fraud or misrepresentation, or if a citizen voluntarily renounces it. Unlike permanent residence, citizenship cannot be lost simply by living abroad for extended periods.

If you are a U.S. citizen, you can petition for your spouse, children (married or unmarried, of any age), parents (if you are 21 or older), and siblings. If you are a lawful permanent resident, you can petition for your spouse and unmarried children. The category under which your family member falls determines the priority level and how long they may need to wait for a visa to become available.

It depends on the relationship and your family member's country of birth. Immediate relatives of U.S. citizens, which include spouses, unmarried children under 21, and parents, do not have to wait for a visa number and are generally processed faster. All other family categories fall under preference classifications that are subject to annual visa limits, which can result in wait times ranging from a few years to over two decades. During your consultation, we can check the current Visa Bulletin and give you an estimate based on your specific situation.

USCIS reviews all marriage-based petitions for legitimacy, particularly when the marriage is recent or when certain patterns are present, such as a significant age difference, a short courtship, or limited shared assets. The best way to address any concerns is to provide thorough evidence that your marriage was entered into in good faith. This includes joint financial records, shared lease or mortgage documents, photographs together over time, communications, and affidavits from friends and family who can attest to your relationship. We help our clients build a strong evidentiary record from the start.

The K-1 visa allows a U.S. citizen to bring their foreign fiancé(e) to the United States for the purpose of getting married. Once in the U.S., the couple must marry within 90 days, after which the foreign spouse can apply for adjustment of status to become a permanent resident. The K-1 process involves filing a petition with USCIS, followed by a consular interview abroad. It is important to weigh the K-1 path against other options, such as marrying abroad and filing an immigrant visa petition, to determine which route is faster and more appropriate for your situation.

The H-1B visa allows U.S. employers to hire foreign workers in specialty occupations that require at least a bachelor's degree or its equivalent. Because demand for H-1B visas far exceeds the annual cap, USCIS conducts a random lottery each spring to select which petitions will be processed. Employers must register during the designated registration period, and only selected registrations may proceed with filing the full petition. The process requires careful planning and precise timing.

Many foreign workers obtain permanent residence through their employer. The process typically involves three steps: first, the employer files a labor certification through the PERM process with the Department of Labor to demonstrate that there are no qualified U.S. workers available for the position. Second, the employer files an immigrant petition with USCIS. Third, the worker applies for adjustment of status or goes through consular processing. Some categories, such as EB-1 for individuals with extraordinary ability and EB-2 National Interest Waivers, do not require a labor certification or even a specific job offer.

The National Interest Waiver is an option within the EB-2 green card category that allows individuals with advanced degrees or exceptional ability to self-petition for permanent residence without needing a job offer or labor certification. To qualify, you must demonstrate that your work is in an area of substantial merit and national importance, that you are well positioned to advance that work, and that it would benefit the United States to waive the normal job offer requirement. NIW petitions are particularly popular among researchers, physicians, engineers, and entrepreneurs.

If you are on an employer-sponsored visa such as an H-1B, losing your job can affect your legal status. Under current regulations, there is a 60-day grace period (or until your authorized stay expires, whichever is shorter) during which you can seek new employment and have a new employer file a petition on your behalf, change to another visa status, or make arrangements to depart the country. Acting quickly is essential. If you are in this situation, contact an attorney immediately so we can evaluate your options and help you maintain lawful status.

To be eligible for asylum, you must demonstrate that you have suffered persecution or have a well-founded fear of future persecution based on your race, religion, nationality, political opinion, or membership in a particular social group. The persecution must be carried out by your government or by groups your government is unable or unwilling to control. Asylum law is highly fact-specific, and the success of your case depends on the quality of the evidence and legal arguments presented.

Yes. In most cases, you must file your asylum application within one year of your last arrival in the United States. Missing this deadline can result in your application being denied, although exceptions exist for changed circumstances in your country or extraordinary circumstances that prevented you from filing on time. Because of this strict deadline, it is critical to speak with an attorney as soon as possible if you believe you may have an asylum claim.

You may apply for work authorization 150 days after your asylum application has been filed, as long as USCIS or EOIR has not yet made a decision on your case. If approved, the Employment Authorization Document allows you to work legally while your case remains pending. Processing times for work permits vary, so it is important to apply as soon as you are eligible. Be aware that the asylum clock, which tracks the 150-day waiting period, can be stopped if the applicant causes delays in the case, such as requesting a continuance, failing to appear at a scheduled hearing, or missing a filing deadline. For this reason, it is critical to attend every hearing, meet all deadlines, and consult with your attorney before requesting any changes to your case schedule.

If USCIS denies an affirmative asylum application, your case is typically referred to an immigration judge, where you will have the opportunity to present your case again in a formal court proceeding. If the immigration judge also denies your case, you may appeal to the Board of Immigration Appeals. There are also alternative forms of protection, such as withholding of removal and protection under the Convention Against Torture, which your attorney can pursue on your behalf.

It can, and sometimes in ways that are not immediately obvious. Certain criminal offenses can make you inadmissible to the United States, which means USCIS can deny your application for a visa, green card, or citizenship. Other offenses can make you deportable if you are already a permanent resident. Even arrests that did not result in a conviction, dismissed charges, or expunged records can be relevant to immigration proceedings. The intersection of criminal and immigration law is one of the most complex areas of practice, and it is essential to consult with an attorney who understands both systems.

Yes. USCIS requires you to disclose all arrests, charges, and citations on your immigration applications, regardless of the outcome. This includes arrests where charges were dropped, cases that were dismissed, records that have been sealed or expunged, and juvenile offenses. Failing to disclose an arrest, even one that did not result in a conviction, can be treated as a misrepresentation and can have more serious immigration consequences than the arrest itself.

Absolutely. Attorney Morales served as an Assistant State Attorney at the Miami-Dade State Attorney's Office before focusing his practice on immigration law. This background gives him a detailed understanding of how criminal charges are classified, how plea agreements are structured, and how the criminal justice system works from the inside. He can analyze your criminal record, determine how it affects your immigration eligibility, and develop a strategy to address any issues in your application. In many cases, waivers or other legal remedies are available.

A Notice to Appear is a charging document that initiates removal proceedings in Immigration Court. If you receive one, it means the government is seeking to deport you. Do not ignore it. You should contact an immigration attorney immediately. At your first court hearing, known as a master calendar hearing, the judge will explain the charges and ask how you wish to respond. Having legal representation at this stage is critical, as the decisions made early in your case can determine the outcome.

In many cases, yes. Depending on your circumstances, you may be eligible for relief from removal, which could include asylum, cancellation of removal, adjustment of status, voluntary departure, or other forms of protection. The availability of these options depends on your immigration history, how long you have been in the country, your family ties, and other factors. Even if you have received a final order of removal, there may still be options available, such as a motion to reopen your case. Time is critical in these situations, and early legal intervention can make a significant difference.

If you are detained by ICE during removal proceedings, you may be eligible to request a bond hearing before an immigration judge. The judge will consider factors such as whether you are a flight risk and whether you pose a danger to the community. If bond is granted, you or your family can pay the amount to secure your release while your case continues. Not everyone is eligible for bond, certain individuals are subject to mandatory detention and are not eligible for bond, including those who are inadmissible or deportable due to specific criminal convictions; individuals classified as arriving aliens; individuals deemed a threat to national security; and individuals who already have a final order of removal. If a loved one has been detained, contact our office as soon as possible so we can evaluate bond eligibility and, if appropriate, request a hearing.

If an immigration judge has granted bond, you can post it online through ICE's CeBONDS system at cebonds.ice.gov. U.S. citizens, lawful permanent residents, law firms, and nonprofit organizations can use CeBONDS to post bond via bank transfer (Fedwire or ACH), Monday through Friday, 9:00 a.m. to 3:00 p.m. in the time zone where the individual is detained. You will need the detained person's full name and A-Number. Alternatively, you can post bond through a licensed immigration bail bonds company, which allows you to pay a percentage of the total bond amount rather than the full amount upfront. A cash bond posted through CeBONDS is fully refundable if the individual complies with all court appearances, while the fee paid to a bail bonds company is not.

Your I-94 is your arrival and departure record, and it is one of the most important documents in your immigration file. It shows your date of entry, class of admission, and the date by which you are authorized to remain in the United States. If you entered by air or sea, your I-94 was created electronically and can be downloaded at i94.cbp.dhs.gov. We recommend printing your I-94 after every entry and keeping it with your immigration documents. Overstaying the date on your I-94 can have serious consequences for future immigration applications.

If your Employment Authorization Document is expiring, you should file a renewal application as soon as you are eligible. Do not wait until the last minute to file, as processing times can be unpredictable.

It depends on your immigration status and the type of application you have pending. Some applicants can apply for Advance Parole, which is a travel document that allows you to leave and return to the United States while your case is being processed. However, traveling without proper authorization while an application is pending can result in your case being considered abandoned. In some situations, particularly for individuals who entered the country without inspection, departing the United States can trigger bars to reentry. Always consult with your attorney before making any travel plans while a case is pending.

Federal law requires most non-U.S. citizens to notify USCIS of an address change within 10 days of moving. You can update your address online through your USCIS online account. Failure to keep your address current can result in missed notices, missed deadlines, and serious consequences for your case, including denial of an application or an in absentia removal order if you miss an Immigration Court hearing because a notice was sent to an old address. If you are in removal proceedings before the Immigration Court, changing your address with USCIS alone is not sufficient. You must also separately notify EOIR of your new address within five business days by filing Form EOIR-33 with the Immigration Court where your case is pending. USCIS and EOIR are separate agencies that do not automatically share address updates. Failing to update your address with both agencies is one of the most common reasons clients miss hearing notices, which can result in an order of removal being entered in your absence.

An RFE means USCIS needs additional information or documentation before it can make a decision on your case. It is not a denial, but it must be taken seriously. You will have a specified deadline to respond, and failing to respond on time will result in a decision based on the existing record, which often means a denial. Contact your attorney immediately upon receiving an RFE so there is sufficient time to gather the required evidence and prepare a thorough response.