Immigration FAQs

Timeline varies greatly depending on your category. Immediate relatives of U.S. citizens typically wait 8-20 months. Family preference categories can take 2-20+ years. Employment-based can take 1-5 years. Each case is unique, and processing times change frequently.

Yes, in most cases. If you're adjusting status in the U.S., you can apply for an Employment Authorization Document (EAD) using Form I-765. This is typically approved in 2-5 months and allows you to work for any employer.

Yes, but you need advance parole (Form I-131) if adjusting status in the U.S. Without it, leaving the U.S. abandons your application. If processing through consular processing abroad, different rules apply. Always consult an attorney before traveling.

Your permanent resident status doesn't expire — only the card does. However, you need a valid card for employment and travel. File Form I-90 to renew 6 months before expiration. Expired cards can cause problems, so renew on time.

Yes. Common ways include: abandoning residence (staying outside U.S. too long), committing certain crimes, fraud in obtaining the card, or failing to remove conditions on conditional green cards. Maintain ties to the U.S. and follow all laws.

Government fees alone range from $1,760 to $3,005 depending on your pathway. This doesn't include attorney fees, medical exams ($200-500), translations, or other costs. Family-based total costs typically range from $3,000 to $6,000.

Generally, 5 years as a permanent resident (green card holder). Only 3 years if married to a U.S. citizen. You can apply 90 days before meeting the requirement. Special rules apply for military members.

Don't worry — you get a second chance. USCIS will schedule a re-examination within 60-90 days. You only retake the portion you failed. If you fail twice, you must restart the application process.

The U.S. allows dual citizenship, but some countries don't. Check your home country's laws. You won't be forced to renounce your original citizenship when becoming American, but you must pledge allegiance to the U.S.

No, perfect English isn't required. You need basic English ability — enough to have a simple conversation, read a basic sentence, and write a simple sentence. Exemptions exist for older applicants and those with disabilities.

The N-400 application fee is $760 ($725 filing + $85 biometrics). Fee waivers are available for low-income applicants. Attorney fees vary but typically range from $1,500 to $3,000 for straightforward cases.

It's very rare. Natural-born citizens can't lose citizenship involuntarily. Naturalized citizens can only lose it if they obtained it fraudulently, refuse to testify before Congress, or commit treason.

Yes, through a K-1 fiancé(e) visa if you're a U.S. citizen. Process takes 6-9 months. You must marry within 90 days of their arrival. After marriage, they can apply for a green card. Must prove genuine relationship.

U.S. citizens can petition for: spouse, children (any age), parents (if you're 21+), and siblings (if you're 21+). Green card holders can only petition for: spouse and unmarried children. Each category has different wait times.

Potentially yes. "Aging out" can move them to a slower category. However, the Child Status Protection Act (CSPA) may freeze their age. Calculate CSPA age carefully — this is complex and an attorney can help protect your child's position.

Yes, if the marriage creating the step-relationship occurred before the child turned 18. The process is the same as for biological children. Provide the marriage certificate and the child's birth certificate.

Divorce generally terminates the petition. Exceptions exist for VAWA self-petitioners (abuse victims) and if you already have conditional green card. Widows/widowers may continue if married 2+ years. Consult an attorney immediately.

Joint documents are best: bank accounts, leases, insurance, tax returns, children's birth certificates. Also provide: photos together, travel records, affidavits from friends/family, communication records. Quality matters more than quantity.

Due to high demand (400,000+ applications for 85,000 visas), USCIS runs a random lottery each March. Registration costs $10. If selected, you can file the full petition. Not selected? Try again next year or explore other visa options.

Yes, but your new employer must file a new H-1B petition before you start. You can begin working immediately upon filing (portability provision). However, if denied, you must stop working and may need to leave the U.S.

Usually yes for employment-based green cards, but exceptions exist: EB-1A (extraordinary ability), EB-2 NIW (national interest waiver), and EB-5 (investment). Family-based green cards don't require job offers.

PERM is the process proving no qualified U.S. workers are available for your job. Required for most EB-2 and EB-3 green cards. Employer must advertise the position and conduct recruitment. Takes 6-12 months typically.

Depends on your status. H-1B: generally no. E-2: yes, if from treaty country. L-1: yes, for new office. O-1: yes, if extraordinary ability. Green card holders and citizens: yes, no restrictions.

Depends on your visa: H-4: only with approved EAD (if H-1B is in green card process). L-2: yes, with EAD. E-2 spouse: yes, with EAD. F-1 spouse (F-2): no. J-2: yes, with EAD. Green card spouse: yes, automatically.

Common triggers: criminal convictions, visa overstays, illegal entry, fraud/misrepresentation, becoming public charge, violating visa terms, or failing to maintain status. Even green card holders can face deportation for certain crimes.

One simple DUI typically doesn't trigger deportation, but it can cause problems. Multiple DUIs, DUI with injury, or DUI with drugs can lead to deportation. Always consult an immigration attorney before pleading guilty to any crime.

A form of relief from deportation. For non-green card holders: need 10 years in U.S., good moral character, and USC/LPR family who would suffer "exceptional and extremely unusual hardship." Very high standard but possible with strong case.

No. Unlike criminal court, the government doesn't provide free attorneys in immigration court. You have the right to an attorney, but at your own expense. Some nonprofits offer free/low-cost help for qualifying cases.

The judge will likely order you deported in absentia (in your absence). This order is very difficult to reopen. You could be arrested and deported at any time. Never miss court — always notify the court of address changes.

Generally no. Leaving is considered self-deportation and you abandon your case. You may be barred from returning for 10+ years. Some exceptions exist (like voluntary departure), but always consult an attorney first.

Generally up to 6 months without issues. 6-12 months raises questions. Over 1 year presumed abandoned without re-entry permit. Maintain U.S. ties: keep home, bank accounts, file taxes, and get re-entry permit for long trips.

Travel permission for those with pending green card applications. Without it, leaving the U.S. abandons your application. Apply using Form I-131. Processing takes 3-5 months. Emergency advance parole available for urgent situations.

Yes, but be careful. Short trips (under 6 months) are generally fine. Longer trips can disrupt continuous residence requirement. Trips over 1 year break continuity. Keep all travel records and passport stamps.

Green card holders: valid green card and passport from home country. U.S. citizens: U.S. passport. Visa holders: valid visa, passport, and sometimes additional documents. Always carry immigration status proof.

No. You need both valid passport and valid visa to enter the U.S. Exception: visa can be in expired passport if you also carry new valid passport from same country. Some countries allow passport renewal at consulates in U.S.

Document allowing green card holders to stay outside U.S. for up to 2 years without abandoning residence. Apply before leaving using Form I-131. Good for one trip only. Protects status but doesn't guarantee re-entry.

Multiple factors: COVID-19 backlogs, increased applications, policy changes, funding issues, and security checks. Some cases require additional evidence (RFE) or interviews. Premium processing available for some employment petitions ($2,805 for 15-day processing).

Sometimes. USCIS allows expedite requests for: severe financial loss, emergencies, humanitarian reasons, government interests, or USCIS error. No guarantee of approval. Must provide strong evidence. Some forms have premium processing option.

Yes, for certain forms if you receive means-tested benefits, have household income below 150% of poverty guidelines, or face financial hardship. Use Form I-912. Not available for all forms — notably not for premium processing.

Varies greatly. Family green card: $4,000-8,000 total. Employment green card: $10,000-15,000. Citizenship: $2,000-4,000. Includes government fees, attorney fees, medical exams, translations, and miscellaneous costs. Ask for detailed estimate.

Varies by firm. Some require full payment upfront, others offer payment plans. At Vasquez Law Firm, we offer flexible payment options. Government fees are always separate and paid directly to USCIS when filing.

Government fees are non-refundable, even if denied. Attorney fee refund policies vary. We charge for work performed, not outcomes, but we have a 98% success rate and fight for every case.

Possibly, but options are limited. Main paths: marriage to U.S. citizen with 601A waiver, asylum, U visa, VAWA, or cancellation of removal. Some require leaving U.S. temporarily. Each has specific requirements. Consult an attorney.

Depends on the crime. Some crimes are waivable, others permanently bar immigration. Crimes involving moral turpitude, drugs, and violence are particularly problematic. Get your complete criminal record and consult an immigration attorney immediately.

Deferred Action for Childhood Arrivals protects certain young immigrants from deportation. As of 2024, new applications aren't being accepted due to court rulings, but renewals continue. Status changes frequently — check for updates.

Several protections exist: VAWA self-petition (no spouse cooperation needed), U visa (if reported to police), asylum (if government won't protect), or cancellation of removal. These offer paths to green cards and work authorization.

Yes! Since 2013, same-sex marriages are recognized for all immigration purposes if valid where performed. Process is identical to opposite-sex couples. This includes fiancé visas, marriage-based green cards, and derivative benefits.

Depends on how long and your current situation. Immediate relatives of U.S. citizens can often adjust status despite overstay. Others may need waivers or must leave U.S. Overstays trigger bars to re-entry: 180 days = 3-year bar, 1 year = 10-year bar.