Frequently Asked Questions About Immigration

Below is a list of the most frequently asked questions about immigration we hear from our clients.

The most common way is through a family-based petition. That usually entails having a U.S. citizen or permanent resident relative who would be the petitioner in the case. Depending on various factors such as the relationship between the family members, the age and marital status of the beneficiary, etc., processing times may vary.

Another possibility is an employment-based petition, where a current or potential U.S. employer would file a petition on your behalf.

A temporary solution would be a tourist or a visitor visa, in which case the family member would have to apply at a U.S. consulate in their home country.

It depends on many factors such as the type of crime that was committed and the length of time that has passed since last conviction. If you have a criminal record you should consult with an attorney to determine your eligibility for naturalization.
Although the law has been evolving, you may be eligible to apply for an unlawful presence waiver within the U.S. and undergo consular processing. A brief departure from the U.S. would be required. Contact us with details and we will review your eligibility for the waiver.
You may be eligible for protection under asylum laws, withholding of removal, or the Convention Against Torture. In order to qualify, you must show that you are a refugee within the meaning of asylum law. That is, you must show that you are unwilling or unable to return due to past persecution or well-founded fear of future persecution on account of one of the five enumerated grounds: political opinion, race, religion, membership in a particular social group, or nationality. The standard for withholding of removal is higher than that. Please contact our office with details about your situation and we will help you understand the complexity of asylum law.
Yes, after the Supreme Court of the United States found the Defense of Marriage Act unconstitutional, the federal government has implemented various policies allowing same-sex married couples to apply for immigration benefits. Contact our office and request a consultation in order to have your case reviewed.
We strongly advise against traveling even on domestic flights if you don’t have proper documentation. The Transportation Security Administration has announced that it will be enforcing the REAL ID Act of 2005, which requires strict compliance with travel documentation requirements in order to be able to travel within the U.S.
In order to determine if you have any outstanding removal orders, we must do a full records check of your name and fingerprint. This search includes requests with all potential departments in which your name was associated. Contact our office and request a consultation in order to have your case reviewed.
Certain laws allow for you to be “grandfathered” under petitions that were filed before a certain date. In order to determine if such petition was filed and whether you qualify for any benefits under the immigration laws, we are able to do a full records check of your case (and any relatives) with immigration authorities. Contact our office and request a consultation in order to have your case reviewed.
An Order of Supervision (“OSUP”) is generally a method of “release” while you wait for a removal hearing or after you have been ordered removed from the United States. It is a way for Immigration and Customs Enforcement (“ICE”) to supervise you without having to detain you. It must be noted that OSUP is usually based on humanitarian factors or inability of the government to deport an individual. Accordingly, ICE has wide discretion with respect to all aspects of OSUP. Once your OSUP is granted, you may be eligible for Employment Authorization Document which allows you to legally work in the United States. OSUP visits are extremely important and should be given special attention. Please contact our office and request a consultation in order to assess your options before your next visit.

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