General Questions about Immigration Law
Why should I hire an Immigration Attorney?
The United States has complex immigration laws, and your immigration situation is unique. The order in which you complete each step is crucial, and mistakes can delay the immigration process. An experienced attorney can help you determine which process is best for you and make sure you follow the process correctly.
I received a Notice of Intent to Deny (NOID) my immigration case. What can I do?
Many times, the U.S. government incorrectly denies a case. While we cannot promise your case can be resolved, a consultation with an attorney may provide you with another opportunity for your case to be accepted.
What do I do if I’m stopped by the police, an immigration agent, or the FBI?
Being stopped by law enforcement is stressful for anyone. However, if you have a Green Card, are applying for a Green Card, or are applying for U.S. citizenship, the experience can be even more intimidating. It’s important you know your rights. For more information, visit the American Civil Liberty (ACLU) guide to law enforcement stops.
https://www.aclu.org/know-your-rights/what-do-if-youre-stopped-police-immigration-agents-or-fbi
What if I can’t afford my application fee for a Green Card or citizenship?
Many visa and citizenship applications and forms provided by the U.S. government qualify for a “fee waiver.” You can apply for a fee waiver using Form I-912, along with proper documentation.
What if I move while I have an application pending?
When you submit an application or petition to the U.S. government, you must keep your address up to date. The U.S. government provides important interview information, notices, and status updates. If you do not have the correct address listed, you may miss this information, and your application could be denied.
Questions about Naturalization
What is an N-400?
The N-400 is the physical citizenship application. It is needed for anyone wishing to naturalize, unless they derive it through a parent’s citizenship or at birth.
What is the difference between filing for Adjustment of Status or Consular Processing?
Both filing for Adjustment of Status and Consular Processing require proof of qualified familial relationship by filing an I-130 form. Once your I-130 is approved, if you already live in the United States and wish to obtain a Green Card, you can file for Adjustment of Status. If you do not live in the United States, you can begin Consular Processing to obtain a Green Card.
What is the difference between a conditional Green Card and normal Green Card?
When you get a Green Card through marriage, you usually receive a conditional Green Card that can be used for a two-year period. To obtain a Green Card without conditions, you must file a Petition to Remove Conditions on Residence (Form I-751). If you do not file form I-751 within 90 days of your conditional Green Card expiring, you risk removal from the country. Contact an attorney to assist you with this process.
Can I still become a U.S. citizen if I have broken the law?
The United States government has a requirement of “good moral character” for anyone applying for U.S. citizenship. This vague concept covers many situations and exceptions, so it’s best to contact an attorney for help.
What if I’m under 18, and my parents become U.S. citizens?
If you are under 18 years old and one of your parents becomes a U.S. citizen, you automatically become a U.S. citizen. However, you still need proof of this citizenship and must file for a certificate of citizenship or passport. Contact an attorney to find a way to document your new citizenship status.
I was born outside the United States, but I gained citizenship after birth through my parents. What proof do I need to provide to officially apply for citizenship?
If born abroad and you meet certain requirements, you may be able to derive citizenship through a parent. Some of these requirements include:
- You have at least one parent, including adoptive, who is a U.S. citizen by birth or naturalization
- You are under 18 years of age
- You are a legal permanent resident (LPR) who possesses a Green Card
- You live in the U.S. in legal and physical custody of the U.S. citizen.
What are the English language requirements to become a United States citizen?
To become a U.S. citizen, you must be able to read, write, and speak English. During your interview, the immigration officer will orally state a English sentence and ask you to write it down on a piece of paper. The immigration office will also show you a written English sentence and ask you to read it.
Can I still become a U.S. citizen if I can’t read, write, and/or speak English?
In some cases, you may not need to read, write, or speak English to become a U.S. citizen. Contact an attorney if you have certain physical or mental limitations that prevent you from learning English.
Can I take the U.S. civics test in my native language?
In some cases, the U.S. government will allow you to take the U.S. civics test in your native language. For more information, visit our page on Obtaining United States Citizenship
What is the N-648, and how does it affect my Citizenship Application?
The N-648, or Medical Certification of Disability Exceptions, can be used to waive your obligation to take the U.S. civics test or English test. Complete this form with an appropriate medical professional if you have a physical or developmental disability or mental impairment that prevents you from learning English or material for the U.S. civics exam.
Will a divorce affect my citizenship application?
Divorcing a U.S. citizen during the citizen application process will not necessarily affect a citizenship application unless:
- You still have a conditional Green Card. This would create a presumption that requires extra steps to show the marriage was legitimate and remove Green Card restrictions.
- You are applying for citizenship early. Generally, you can apply for citizenship after you have a Green Card for 3 years if you are married to a U.S. citizen, instead of the normal 5 years waiting period. If you apply earlier than this, the divorce may affect your citizenship process.
Questions about Green Cards
What if I lose my Green Card? What if my Green Card is stolen?
Always having evidence of your status is important. If you lose your Green Card or believe it was stolen, we can help you obtain a new one and provide temporary evidence of your status while you wait. Please contact us for help.
Can I apply for citizenship if I have an expired, lost, or stolen Green Card?
If your Green Card is expired, you do not lose your status as a permanent resident. Expired Green Cards are invalid for many uses, but depending on your case, you may still apply for citizenship. Consult an attorney to determine if you can still apply or to renew your Green Card.
If you have a lost or stolen green card, USCIS strongly recommends that it is replaced through use of I-90 form. It is generally not necessary to wait until your actual Green Card replacement arrives. The temporary documentation provided throughout the process can be used for your citizenship application. Consult an immigration attorney to help guide you through this process.
Can I travel while I have a Green Card?
Permanent Residents can travel outside the United States. Temporary and brief travel usually does not affect your status. However, the intention or duration of trips can cause issues with your Green Card status. If you plan to leave the country and are concerned your trip could affect your status, contact an attorney to ensure you can safely keep your Green Card.
If I have a Green Card, can I bring a relative into the United States?
If you have a Green Card, you can file a family-based petition to obtain a Green Card for an immediate family member. Learn more about family-based petitions.
What is adjustment of status?
Adjustment of status is a request to switch from a nonimmigrant visa (for example, a visa for tourists or tourists) to a permanent resident visa (a Green Card). Learn how to apply for adjustment of status.
I received a Request for Evidence (RFE) from the government. Can you help me to respond?
If you receive an RFE, it does not mean your application is rejected or approved. It is a request for additional information, which generally must be responded to in a short period of time. It is important that you respond quickly and accurately to the request. Contact us to set up a consultation, and we can determine the best course of action for your response.
What is Consular Processing?
Consular Processing is the process to obtain a Green Card if you live outside the United States. For more information, visit our page on How to Obtain a Green Card.
Can my landlord require that I provide proof of my immigration status?
No. A landlord should not ask about your immigration status. No current federal or state law requires this, and legal attempts to require proof of immigration status have been denied.
Can an immigration attorney help me attend school in the United States?
An attorney can help you with the process of obtaining a student visa to attend school in the United States. You will need to find a school approved by the Student and Exchange Visitor Information System (SEVIS) Program. You will then need to work with this school directly while working with an attorney to obtain your visa.