Immigration Law: Frequently Asked Questions

Some routine cases can be filed without counsel: an uncontested marriage petition, a straightforward naturalization application with no criminal history, a simple I-130 for an immediate relative. But "routine" is a word USCIS gets to define, not you. The moment there is any complication (a prior immigration violation, any criminal history, a previous denial, a need for a joint sponsor, an employment or investor petition, or anything that touches immigration court), the stakes and the complexity rise sharply. A denied application can cost you years and, in some situations, put you at risk of removal. An attorney is there to catch the problem you cannot see coming.

We handle the full immigration spectrum in house: family and marriage immigration, citizenship and naturalization, green cards and permanent residency, work and employment visas, investor visas (EB-5 and E-2), student visas, asylum, deportation and removal defense, humanitarian relief (U visas, VAWA, TPS, Cuban Adjustment, criminal waivers), and appellate immigration work before the Board of Immigration Appeals and the Florida District Courts of Appeal. Most firms cover either the family side or the business side. We cover both, in one firm.

Four: English, Spanish, Portuguese, and French, all spoken natively by our attorneys, not routed through translation software or a third-party service. Spanish and Portuguese are available at every office. French is available at our Lake Worth and Atlanta offices. Native Brazilian Portuguese is a rare offering in Palm Beach immigration, and it is one of ours.

We have three offices in two states: Boynton Beach and Lake Worth in Palm Beach County, Florida, and Atlanta, Georgia. You do not have to come in person. Consultations and most case meetings can be handled by phone or video, and much of an immigration case is document-based. Clients who prefer to meet face to face are welcome at any of the three offices.

Often, yes. Immigration law is federal, so an immigration attorney is not limited to representing people who live nearby the way a state-court attorney would be. We regularly work with clients who are living in another state, or still abroad and going through consular processing, or moving between Florida and Georgia during their case. The right question is not where you live but what your case needs.

Schedule a consultation. We look at your situation, talk through your options, and tell you the real timeline and the real cost before you commit to anything. You can book a 30-minute session for $100 by phone or video, or $250 in person. You leave the consultation knowing your path forward, whether that path is hiring us or not.

The core path has three moving parts: the I-130 petition that establishes the marriage relationship, the green card application itself (adjustment of status if you are inside the United States, or consular processing if you are abroad), and the interview where a USCIS officer confirms the marriage is real. If you have been married less than two years when the green card is approved, you receive conditional residence and must later file to remove those conditions. The paperwork is only part of it. The evidence that proves a genuine marriage is where most cases are won or lost.

A K-1 visa lets the foreign fiancé of a U.S. citizen enter the United States specifically to marry that citizen within 90 days of arrival, then apply for a green card afterward. A marriage green card is for couples who are already married. The K-1 route makes sense when you intend to marry in the United States; if you are already married, the spousal petition is usually the more direct path. Which one fits depends on where you are, where your partner is, and your timeline.

For the spouse of a U.S. citizen filing from inside the United States, the process commonly runs somewhere in the range of about 12 to 18 months from filing to the green card interview, though it varies by field office workload and the specifics of your case. Cases processed abroad through a consulate, and cases for the spouses of green card holders rather than citizens, can run on different timelines.

If you received a conditional green card because you had been married less than two years at approval, you must file to remove those conditions before the card expires, generally in the 90-day window before the two-year card lapses, using Form I-751. You and your spouse usually file jointly, but waivers exist for people who are divorced, widowed, or who experienced abuse. Missing the window can put your status at risk, so the filing date matters.

U.S. citizens can petition for parents, children, and siblings; green card holders have a narrower set of family categories. The immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents) are not subject to annual visa caps, so they generally move faster. Other family categories fall into the preference system, where wait times depend on the category and the beneficiary's country and can run years. We map the specific wait for your family relationship at the consultation.

Possibly, but this is exactly the situation where you should not file alone. Prior overstays, unauthorized work, a previous marriage petition, entry without inspection, or any criminal history can each change the strategy, and some trigger bars that require a waiver. These cases are winnable, but only when the problems are identified and addressed before you file, not after USCIS raises them.

Naturalization generally requires that you: be at least 18; have held a green card for the required period (usually five years, or three years if you are married to and living with a U.S. citizen); show continuous residence and physical presence in the United States; establish residency in the state or district where you file; read, write, and speak basic English; pass a U.S. civics test; and demonstrate good moral character. Certain applicants, including some spouses of citizens working abroad and some members of the military, qualify under different rules.

From filing the N-400 to the oath ceremony, naturalization commonly runs in the range of about 8 to 14 months, though it varies significantly by field office. The timeline includes biometrics, the interview and testing, and the oath. Cases with complications (long absences from the United States, moral-character issues, or missing documentation) can take longer.

Yes. This catches people off guard. Long or frequent trips abroad can break the "continuous residence" naturalization needs, and in more serious cases can put the green card itself at risk on the theory that you abandoned your U.S. residence. A single trip of six months or more raises questions; a trip of a year or more is a bigger problem. If you travel heavily, get advice before you count on naturalizing.

Maybe, and this is one of the most technical areas in immigration law. Children can acquire citizenship automatically at birth abroad through a citizen parent, or derive it automatically after birth when a parent naturalizes, but the rules depend on the child's date of birth, which parent is a citizen, that parent's physical presence in the United States, and whether the child was living in the U.S. as a green card holder in a citizen parent's custody. Because the law changed across different date cohorts, two families with nearly identical facts can get opposite answers. This is worth confirming with an attorney rather than assuming.

It can. Naturalization requires good moral character, and USCIS looks at your conduct, usually over the statutory period but sometimes further back. Some offenses are permanent bars; others are temporary; and some, including certain drug-related matters, carry immigration consequences well beyond the criminal sentence. Applying for citizenship also puts your whole record in front of the government, so in some situations filing can create risk rather than reward. Never file over a criminal history without having it reviewed first.

The United States does not require you to formally renounce your original nationality to become a U.S. citizen, and many naturalized citizens hold dual citizenship. But your country of origin has its own rules: some allow dual citizenship, some do not. We can address the U.S. side; the other country's law is a separate question you may need to confirm with that government.

There are four broad paths: family (a qualifying relative petitions for you), employment (an employer sponsors you, or you self-petition in certain categories), investment (EB-5 or, as a nonimmigrant route, E-2), and humanitarian (asylum, VAWA, U visas, and related relief). There are also narrower routes: the diversity visa lottery, the Cuban Adjustment Act, Special Immigrant Juvenile status, and others. Most people qualify under one path, but some qualify under more than one, and the best route is not always the obvious one.

Both end in a green card; the difference is where you do it. Adjustment of status is for people already inside the United States who are eligible to apply without leaving. Consular processing is for people abroad, who complete the final step at a U.S. embassy or consulate in their home country. Which one applies depends on where you are, how you entered, and whether you have any bars that would make departure risky. Choosing the wrong track can strand someone outside the country, so this is not a decision to guess at.

No. A green card is proof of your status, not the status itself. An expired card does not mean you lost your permanent residence. You renew the card (generally by filing Form I-90, which can be filed in the months before expiration) and continue to be a permanent resident throughout. That said, an expired card can create real problems for travel, work authorization, and proving your status, so you should renew promptly rather than let it lapse.

An I-551 stamp is temporary evidence of your permanent resident status: proof of your right to live and work in the United States while you wait for a physical green card. New permanent residents often receive a temporary I-551 endorsement in their passport that is valid for one year, and residents whose cards expired while a renewal is pending can obtain a stamp to bridge the gap. It lets you work, travel, and access benefits that require proof of residency. USCIS field offices issue these by appointment.

Not without permission, in most cases. If you are in the middle of adjustment of status and leave the country without the right travel document (advance parole), USCIS can treat your application as abandoned. There are exceptions for certain visa holders, but the safe rule is simple: do not book international travel while a green card application is pending until you have confirmed it will not sink your case.

The H-1B is for specialty-occupation workers: roles that normally require at least a bachelor's degree in a specific field, filled by someone who holds that degree or its equivalent in education and experience. It is employer-sponsored, initially granted for up to three years and extendable, and for most private employers it is subject to an annual cap allocated by a lottery. Because demand exceeds the cap, timing and preparation matter, and the lottery is not the only route: cap-exempt employers and other categories exist.

A work visa (H-1B, L-1, O-1, TN, and others) is a nonimmigrant status: temporary, tied to a specific employer or purpose, and renewable but not permanent. An employment green card (EB-1, EB-2, EB-3, including the National Interest Waiver and PERM-based cases) is permanent residence based on your work or ability. Many people start on a temporary work visa and move to a green card later; the two systems connect, but they are not the same process.

The L-1 lets a company transfer an employee from a foreign office to a U.S. office. L-1A is for managers and executives; L-1B is for employees with specialized knowledge. It requires a qualifying relationship between the foreign and U.S. entities and that the employee worked for the company abroad for a set period. It is a common route for multinational businesses opening or staffing a U.S. operation, and L-1A can dovetail into an EB-1C green card for executives.

The O-1 is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics: people who can document sustained national or international acclaim. It is evidence-intensive: awards, published material, high remuneration, critical roles, and expert recognition all build the case. For the right person it is one of the most flexible high-skill visas available, and it does not depend on a lottery.

The TN visa, created under the North American trade framework, lets citizens of Canada and Mexico work in the United States in specific professional occupations named in the treaty. It requires a qualifying job offer in a listed profession and the credentials that profession demands. TN status is renewable and, for eligible professionals, is often faster and simpler than the H-1B because it is not capped.

Yes. That is the employment-based green card system. Depending on your role and qualifications, the path may run through PERM labor certification (EB-2 or EB-3), a National Interest Waiver (EB-2 without an employer sponsor or labor certification), or EB-1 for multinational managers, outstanding researchers, and individuals of extraordinary ability. Each has different requirements, timelines, and burdens on the employer. We advise both employees and the employers who sponsor them.

EB-5 is a path to a green card for foreign investors who invest a qualifying amount of capital in a U.S. business and create a set number of full-time American jobs. You can invest directly in your own enterprise or through a designated Regional Center. The investment must be genuinely at risk, and the jobs must be real and documented. Done correctly, EB-5 leads to permanent residence for the investor, their spouse, and unmarried children under 21.

EB-5 has a standard minimum investment amount and a lower minimum for projects in designated targeted employment areas (rural areas and areas of high unemployment). The exact thresholds are set by statute and have been adjusted over time, so the current figure is what governs your case.

EB-5 is an immigrant path: it leads to a green card and permanent residence. E-2 is a nonimmigrant path: a treaty investor visa that lets a national of a treaty country come to the United States to develop and direct a business they have invested in, renewable as long as the business operates, but not itself a green card. E-2 generally requires a smaller investment and is faster to obtain, but it does not lead directly to permanent residence the way EB-5 does. Which fits depends on your nationality, your capital, and whether your goal is a green card or an active business presence.

The E-2 is available to nationals of countries that hold a qualifying treaty of commerce with the United States. You must invest a substantial amount in a real, operating U.S. enterprise, own at least half of it or otherwise control it, and be coming to develop and direct the business. The investment has to be more than passive. The E-2 is for people building or running a company, not simply parking money.

Yes. For both EB-5 and E-2, your spouse and unmarried children under 21 are generally included. On EB-5 they can obtain green cards alongside you; on E-2 they receive derivative E-2 status, and spouses may be eligible to work. Keeping the family together through the process is usually a central part of the plan.

The F-1 is the visa for full-time academic students attending a U.S. school, college, or university certified to enroll international students. It requires admission to an approved program, proof that you can fund your studies, and an intent to pursue a full course of study. Maintaining F-1 status means staying enrolled full-time, keeping your documents valid, and following the rules on work and travel.

Both let F-1 students work in a field related to their studies. Curricular Practical Training (CPT) is employment that is part of your curriculum during your program. Optional Practical Training (OPT) is work authorization you can use during or, more commonly, after completing your degree, with an additional extension available for certain STEM fields. Timing and application details matter. A late or incorrect filing can cost you the authorization, so plan these before deadlines, not after.

Sometimes, and it depends on your plan. Options can include OPT while you look for longer-term status, a change of status to a work visa such as H-1B if an employer sponsors you, or another category you qualify for. There is no automatic right to remain after your program ends, so the move from student to worker or resident should be planned before graduation, while you still have status to build on.

Either can put your status at risk. F-1 status generally requires full-time enrollment, and dropping below it without prior authorization can be treated as a status violation. If your school loses its certification, you typically must transfer to another certified school to preserve your status. These situations move fast and have hard deadlines, so get advice as soon as a problem appears rather than waiting to see what happens.

Asylum protects people who cannot safely return to their home country because they have suffered persecution, or have a well-founded fear of it, on account of race, religion, nationality, membership in a particular social group, or political opinion. You can apply whether you entered lawfully, entered without inspection, or overstayed a visa. The heart of an asylum case is proving the persecution and its connection to one of those protected grounds, which is careful, evidence-driven work.

Generally, yes. Asylum applications are usually expected to be filed within one year of your most recent arrival in the United States. There are exceptions for changed circumstances that affect your eligibility and for extraordinary circumstances that delayed filing, but they are limited and fact-specific. Because the one-year rule can bar an otherwise strong case, do not assume you have missed your chance, and do not assume you have plenty of time. Get your timeline reviewed.

Affirmative asylum is when you apply proactively with USCIS while you are not in removal proceedings. Defensive asylum is when you request asylum as a defense against removal, before an immigration judge in court. The two follow different procedures and have different pressures, and a case can move from one track to the other. Which posture you are in shapes the entire strategy.

Asylum applicants can become eligible to apply for work authorization after their case has been pending for a required waiting period, subject to the rules in effect at the time. This is one of the areas where policy has shifted, so the current waiting period and eligibility conditions are what matter for your case. We track where the rules stand when we advise you.

Act quickly and get counsel involved immediately. Do not sign anything you do not understand, including any document that could be a waiver of your rights or an agreement to voluntary departure. Locate the person and the facility, note any charging documents, and preserve the timeline. Some deadlines in removal cases are short and unforgiving. The sooner an attorney is engaged, the more options remain open.

Non-citizens across many statuses can be placed in removal proceedings: people here without status, but also visa holders, refugees and asylees, and even lawful permanent residents in certain situations, often connected to criminal issues or alleged violations of status. Being a green card holder is not an absolute shield. If you have received a Notice to Appear, you are in the system, and the response should be immediate and strategic.

More than people expect. Depending on the facts, defenses can include cancellation of removal, asylum and related protection, adjustment of status if you have become eligible, waivers for certain grounds of inadmissibility or removability, prosecutorial-discretion arguments, and challenges to the government's own evidence and procedure. Bond may also be available so a detained person can fight the case from outside. The right defense depends entirely on the individual record, which is why these cases start with a hard look at the file.

Yes. A removal order can generally be appealed to the Board of Immigration Appeals, and the deadline to do so is short, commonly 30 days, so it cannot wait. Beyond the BIA, certain issues can be taken to the federal courts of appeals. Our attorneys handle appellate immigration work, including appeals argued before the Florida Third and Fourth District Courts of Appeal, and appeals are their kind of case, not an afterthought.

Sometimes, but it requires care. A prior removal usually triggers a bar to returning, and the length of that bar depends on the circumstances of the removal and any conduct after it. Coming back without resolving the bar can make things far worse, including permanent consequences. There are waivers and permission-to-reapply processes for some situations. This is not a do-it-yourself area. The wrong move can close the door for good.

The U visa is for victims of certain serious crimes who have suffered substantial harm and who help law enforcement in the investigation or prosecution of that crime. It requires a certification from a law-enforcement agency confirming that cooperation. The U visa can lead to work authorization and, in time, a path to a green card. Because the number of U visas issued each year is limited, cases can involve significant waits, and getting the filing right early is important.

VAWA, the Violence Against Women Act, lets certain abused spouses, children, and parents of U.S. citizens and green card holders self-petition for status without the abuser's knowledge or cooperation. Despite the name, VAWA protection is available to eligible people of any gender. It is one of the most important tools for helping someone leave an abusive situation without losing their chance at status, and it is handled confidentially.

TPS is temporary protection for nationals of countries that the U.S. government has designated because conditions there (armed conflict, disaster, or other extraordinary circumstances) make return unsafe. It provides protection from removal and eligibility for work authorization during the designation period. TPS is not a green card, but TPS holders sometimes have other paths available to them, which is worth exploring rather than assuming TPS is the end of the road.

The Cuban Adjustment Act provides a distinct path to permanent residence for eligible Cuban nationals (and their spouses and children) who have been physically present in the United States for the required period after being admitted or paroled. It is one of the more favorable routes in immigration law for those who qualify, and eligibility turns on specific facts about entry and presence. Our firm has deep roots in this area.

Sometimes, through a waiver. Immigration law provides waivers for certain grounds of inadmissibility, and depending on the offense, your relationships to U.S. citizens or residents, and hardship factors, a waiver may make relief possible even where a criminal record would otherwise bar it. Not every offense can be waived, and the analysis is technical and unforgiving of mistakes. This is a situation to bring to an attorney before you take any other immigration step.

A 30-minute consultation is $100 by phone or video, or $250 in person. The price is the same for every case type, and you pay when you book, so there are no surprises. Here is the part that matters most: if you retain us as your attorneys, that consultation fee is applied directly to your case retainer, so the consultation effectively becomes free the moment you become a client. If you decide we are not the right fit, the fee covers the time and counsel you received. Either way, you leave with real answers about your situation.

It depends on the type of case, and we believe you deserve a real number before you commit. Many family-based matters (marriage green cards, family petitions, naturalization) are handled on flat fees within a defined range, so you know the cost up front. Business, employment, and investor cases (H-1B, L-1, EB-5, E-2) are scoped at the consultation because the work varies with the facts. Deportation defense is structured around the stage of the case. We do not quote a case without seeing the file, and we do not surprise clients with the bill.

For many matters, yes. We understand that immigration cases arrive at real moments in people's lives, and cost should not be the reason someone goes unrepresented in a case that affects their family. Available payment arrangements depend on the case type and are discussed at the consultation.

A retainer is the fee arrangement that engages us as your attorneys and defines the scope of work we will handle for your case. For flat-fee matters, it covers the agreed representation from start to finish for that scope. For scoped matters, it reflects the stage and complexity of the work. Government filing fees charged by USCIS or the Department of State are generally separate from attorney fees, and we make that distinction clear so you can see the full picture.

We look at your situation, talk through your options, and tell you the real timeline and the real cost before you commit to anything. Consultations run 30 minutes and can be held by phone, video, or in person at any of our three offices, in English, Spanish, Portuguese, or French. Bring any documents relevant to your case: prior filings, notices from USCIS or the court, and identity and status documents help us give you sharper answers. You leave knowing your path forward, whether that path is hiring us or not.

Schedule a consultation online, or call us and we will find a time that works. Tell us your preferred language and the general nature of your case, and we will make sure you meet with the right attorney for your matter. The consultation fee is the same for every case type: $100 by phone or video, $250 in person.