Do I need legal representation?

Whether or not you decide to retain an attorney to represent you in your immigration matter is solely up to you. There is no requirement that you have legal representation. However, people often find that having an attorney not only gives them peace of mind, but also enables them to avoid issues they never expected or even knew existed. Having an attorney may also give you more power in dealing with the government, and increase the probability of a positive outcome/resolution in your immigration matter.

How much will it cost to process my petition/application?

Our office charges a flat fee for most services in addition to the petition/application filing fees. Contact us to set up a consultation. After we have had the opportunity to review your information we can provide you with a quote. If you need information on the petition/application filing fees you can find them on the U.S. Citizenship and Immigration Services website here.

How long will it take to process my petition/application?

Processing times vary depending on the type of petition/application and where it is being processed. If you would like to view the current processing times by field office or service center click here.

What is the priority date of my petition?

In a family sponsored immigrant visa petition the priority date is the date the petition was filed. In an employer sponsored visa petition the priority date is the date the labor certification was filed, or if a labor certificate is not required, the date that the approved I-140 is filed.

Does my visa guarantee me entry into the United States?

No. A visa does not automatically guarantee you entry into the United States. The immigration officer at the United States port of entry has the authority to make the final determination.

Can I travel abroad while my petition/application is pending?

Whether or not you can travel abroad while your petition/application is pending depends on your current immigrant/non-immigrant status, and the petition/application that is pending. In some instances, traveling abroad will be deemed as an abandonment of the pending petition/application which can leave you out of status and having to start all over again. Then there is also the possibility of applying for advance parole. If you have questions about traveling abroad while you have a pending petition/application it is best to speak with an immigration attorney.

Can I work while my petition/application is pending?

This depends on your current immigrant/non-immigrant status, and the petition/application that is pending. For example if you are in H-1B status and your employer has timely filed an extension for you, as long as you have not exhausted the duration of stay on the original H-1B you may continue to work for the same employer until its expiration. On the other hand if you are waiting to adjust to permanent resident status from a K-1 you cannot work without first applying for and receiving an Employment Authorization Document. Keep in mind that engaging in any unauthorized employment can have dire consequences and should be avoided at all costs. If you have questions about your authorization to work while your petition/application is pending it is best to speak with an immigration attorney first.

What is the difference between an authorized period of stay and being in status?

If you are in status then you are lawfully present in the United States under a current immigrant/non-immigrant visa (i.e. the visa has not expired and you have not engaged in any activity to invalidate the visa). An authorized period of stay is a period of time in which although you are not in status, you do not accrue unlawful presence.

What is the difference between change of status and adjustment of status?

Change of status generally refers to the process of changing from one visa category to another. Adjustment of status refers to the process of becoming a lawful permanent resident.

What is unlawful presence?

Unlawful presence is the state of being in the United States illegally or without authorization. Time spent in unlawful presence can affect your ability to qualify for an immigrant/non-immigrant visa, and may subject you to a three or ten year bar from entering the United States.

What is a labor condition application?

A labor condition application is a prerequisite for H-1B, H-1B1 and E-3 visas. The employer files the application with the Department of Labor and certifies that: 1) the wages offered to the foreign worker is not unequal to that paid to workers of similar experience in the same position, or are equal to the prevailing wage for the occupation; 2) the working conditions (e.g. hours, shifts, benefits, etc.) provided for the foreign worker will not adversely affect those of other workers similarly employed; 3) there is no strike, lockout  or labor dispute at the place of employment; and 4) it has provided notice of filing the application to the bargaining representative (if any) or posted it publicly at the place of employment.

What is a labor certification?

Labor certification is the process of receiving certification from the Department of Labor that there are no United States workers who are able, willing, qualified, and available at the time and place needed, to do a particular job; and that employment of a qualified foreign worker for the position will not adversely affect the wages and working conditions of United States workers similarly employed.  Labor certification is required for EB-2, EB-3 and H-2A visas.

What are grounds for inadmissibility?

Grounds of inadmissibility are basis upon which a person may be found ineligible for a visa and/or admission into the United States. The Immigration and Nationality Act section 212(a)(1) set forth 11 categories describing specific grounds of inadmissibility. The  titles of these categories are as follows: 1) health-related; 2) criminal and related; 3) security and related; 4) public charge; 5) labor certification; 6) illegal entrants and immigration violators; 7) documentation requirements; 8) ineligible for citizenship; 9) previous removal; 10) unlawful presence; and 11) miscellaneous.  It is important to know that there are exceptions and waivers which may apply.  If you are subject to or may be subject to a ground of inadmissibility you should contact an immigration attorney to see if a waiver or exception is applicable.