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What Are the Most Common Immigration Questions?

At Quiroga Law Office, PLLC, we understand that the immigration process can raise many questions. That’s why we’ve compiled the most common questions from our clients, with clear and direct answers to guide you every step of the way.

If you have additional questions, don’t hesitate to contact us. We’re here to help.

YOUR QUESTIONS, ANSWERED

Frequently Asked Questions: Immigration Attorney

How to Choose an Immigration Attorney?

When choosing an immigration attorney, rely on recommendations and review their case history. A successful attorney should have not only legal knowledge but also strong communication skills and the ability to support clients throughout the process.

What Questions Should I Ask an Immigration Attorney?

Some common questions include:

¿How many years have you been practicing immigration law?
How long will my case take?
What are the costs of the process?
What types of cases like mine have you handled?

How Much Does an Immigration Attorney Cost?

Costs depend on the type of service and market rates. On average, fees range from $200 to $300 per hour. In special cases, some attorneys may offer reduced fees.

What Should I Tell My Immigration Attorney About My Case?

To receive effective representation, it’s essential to be completely honest with your attorney. Hiding important details can cause delays or even denials of immigration benefits.

Transparency from the start is key to obtaining the best legal assistance and protecting your status.

What Is Biometric Screening?

Biometric screening is a background check required for obtaining a Green Card or citizenship. It includes fingerprinting and photographs, which are compared to databases to check for any criminal records.

What Is the Visa Bulletin?

The Visa Bulletin is a waiting list for certain visa categories. Through this bulletin, applicants can know when a visa becomes available for their case.

What Is a Green Card and How Can I Obtain It?

The Green Card allows immigrants to live and work permanently in the US. It can be obtained through family petitions, employment, or special programs like the visa lottery.

What Is a Lawful Permanent Resident?

A lawful permanent resident (Green Card holder) has the right to live and work in the United States indefinitely. Although they remain citizens of their home country, they can apply for U.S. citizenship after five years of residency, or three years if married to a US citizen.

What Is a US Citizen?

A U.S. citizen has all the rights and duties granted by the Constitution, including voting, sponsoring direct relatives, and protection from deportation. Citizenship can be acquired by birth in the United States, through parents, or by naturalization.

What Is a Green Card or Permanent Resident Card?

The Green Card is a document that allows immigrants to live and work legally in the United States. Its validity varies and must be renewed according to regulations.

Why Is a Green Card Application Denied?

Applications may be denied for reasons of inadmissibility, such as unlawful presence, criminal records, health-related issues, or application fraud.

Can I Work in the US While Waiting for My Green Card?

Yes, you can apply for a work permit while waiting for your Green Card.

How Do I Renew a Green Card?

You must submit the application either online or through the United States Postal Service (USPS).

How Can I Get a Green Card Through Marriage?

If you are married to a U.S. citizen or permanent resident, your spouse can file a visa petition on your behalf. You must also be admissible under immigration laws.

Can I Travel If My Green Card Has Expired?

It is not recommended. It’s better to renew your Green Card before traveling or request temporary proof of residency.

I Lost My Green Card, What Should I Do?

You should file an application with USCIS to get a replacement card.

When Can I Apply for Citizenship After Getting a Green Card?

You can apply for citizenship 90 days before your fifth anniversary as a resident, or after three years if married to a US citizen.

Can I Get a Green Card If My Child Was Born in the United States?

You may qualify if you meet admissibility requirements. Having a US citizen child does not automatically guarantee a Green Card.

Does My Status Expire When My Green Card Expires?

Generally, your status does not expire when the Green Card does, except if you are a conditional resident. Conditional status expires after two years.

How Long Before a Conditional Green Card Expires Should I Apply to Remove Conditions?

You must apply within 90 days before your Green Card expires.

Can I Apply for a Green Card While in the United States?

Yes, you could apply if you entered the country with authorization and have a valid petition through an eligible family member or employer.

Should We Apply for a Fiancé (K-1) Visa or a Spouse (K-3) Visa?

If you are not yet married, you should apply for the K-1 fiancé visa. If you are already married, you can apply for the K-3 spouse visa or an immigrant visa. The choice depends on factors such as cost and processing time.

How Does a Fiancé Visa Work?

The US citizen fiancé must first file a petition on your behalf. Then, you attend an interview at the embassy or consulate in your home country. Once you obtain the K-1 visa, you can enter the USA and must marry within 90 days to then apply for a Green Card.

How Long Does the K-1 Fiancé Visa Process Take?

The process typically takes between 8 and 10 months. This visa allows you to enter the country as a non-immigrant. After marrying, you can apply for a Green Card.

How Much Does a Fiancé Visa Cost?

Government fees for the fiancé visa are approximately $2,000 USD. This cost includes the visa application and adjustment of status.

Can I Work with a Fiancé Visa?

You cannot work directly with the K-1 visa. However, when applying for a Green Card, you can also request a work permit.

When Can I Apply for Citizenship with a Fiancé Visa?

First, you need to obtain a Green Card. Typically, you can apply for citizenship three years after obtaining residency if you are still married and living with your US citizen spouse.

How Soon After Arriving in the United States Can I Apply for My Green Card?

After marrying your US citizen fiancé, you can apply for a Green Card. It’s important to do this within 90 days of your arrival.

What Happens If I Don’t Get Married After Entering the United States?

If you do not marry within 90 days, you cannot adjust your status to a permanent resident and must leave the United States.

How Long Does Family-Based Immigration Take?

The time can vary from a few months to more than 20 years, depending on the petitioner’s status, the relationship to the potential immigrant, and the country of origin of the family member.

Can a Family Member Sponsor an Immigrant?

Yes, US citizens can sponsor their children, spouses, parents, and siblings. Permanent residents can sponsor their spouses and unmarried children.

Can I Sponsor an Immigrant Who Is Not a Family Member?

No, sponsorship for non-family members is only possible through employment-based visas. Family immigration is limited to immediate relatives.

Can a US Citizen Sponsor a Non-Family Member?

No, sponsorship options for non-family members exist only through employment-based immigration.

Can Parents of a Child Born in the United States Stay in the Country?

Parents can seek to immigrate legally if they meet the eligibility requirements. The child’s citizenship does not automatically guarantee residency for the parents.

How Can I Immigrate Legally to the United States?

The most common ways are through a family member (children, spouses, parents) or an employer. There are also options for victims of crimes or domestic violence.

Can a US Citizen Sponsor Their Sibling?

Yes, citizens can file a petition for their siblings, but the process usually takes a long time.

Which Family Members Can a Lawful Permanent Resident Sponsor?

A lawful permanent resident can sponsor their spouse and unmarried children.

Which Family Members Can a US Citizen Sponsor?

US citizens can sponsor their children, spouses, parents, and siblings.

What Is Adjustment of Status?

Adjustment of status allows certain immigrants to change their temporary status to permanent residency (Green Card) without leaving the United States. This option is available to those who enter the country legally and have a valid petition from a family member or employer.

How Long Does the Adjustment of Status Process Take?

The process can take between 6 and 18 months, depending on where you live and the type of case.

Can I Work While Waiting for My Adjustment of Status?

Yes, you can apply for a work permit (EAD) during the adjustment of status process. This authorization allows you to work legally while waiting for a final decision.

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We're Here to Help

We hope this FAQ section has provided the clarity you need on various aspects of immigration processes.

We understand that each case is unique and that more questions may arise; for this reason, our team is available to guide you and offer the advice you need to confidently move forward on your path to a new life in the United States.