Frequently Asked Questions

Issues related to immigration law – or even criminal law – can often be confusing. It’s hard to know who to trust with your legal matters. It’s for that reason that we created this section. We cover a number of common issues that our clients encounter.

What Forms Do You Need to Complete and What Forms Should You Advise Against?
The forms can be complex and checking the wrong boxes or guessing at answers can cause serious delay or rejection of your applications.  Always have a licensed immigration lawyer advise you as to what forms are needed and what information is required.

Is the Beneficiary Eligible for Advance Parole?
Some applicants are eligible to travel during the pendency of their applications.  Usually, those who are in a valid status when they file their PROPERLY filed adjustment of Status applications are eligible to file for a travel via an advance parole.  Generally, it is advisable not to leave the United States while your application is pending unless and until you are granted permission to travel through an advance parole.

Are There Issues That Warrant Against Filing the Application?
Absolutely there can be major problems if an applicant is not eligible.  These issues can result in denial and even referral to the Immigration Court for Removal (Deportation) proceedings.  An experienced immigration attorney can identify most issues at the first consultation so it is well worth the time and expense.

How Long Will It Take to Get Employment Authorization?
It usually takes between 3 to 4 months to receive the Employment Authorization if you have a PROPERLY pending application.

What Should the Couple Do In the Meantime to Prepare for Their Interview?
The couple should collect paper copies of all their joint financial statements, children’s birth certificates, bills, property, love correspondence and photographs to start preparing for the valid marriage interview.  All of these documents should be reviewed by your attorney prior to the interview for submission.  Your immigration attorney can suggest more documents that can be provided to immigration authorities in addition to the above or in lieu of the above in order to document a valid marriage.

What Happens In the Interview – Dealing with USCIS Officers and Responding to Questions-When Should the Attorney Speak Up?
A good immigration attorney will practice for the interview by role playing as one of the officers to ask you and your spouse questions.  If an interpreter is needed, you must provide your own–preferably someone who is over 18 and is not a family member.  Your immigration attorney can suggest appropriate interpreters.

Responding to Requests For Evidence?
If information is missing or if the officer simply requests more information or documentation, then they will give the applicant 30 days or more to submit the documents in English.  Your immigration attorney will guide you in obtaining these documents and submit them on your behalf with translations if necessary.

What Happens When It Is All Over?
Most people receive their immigration card in the mail after the interview

I’ve got my permanent resident card, what now? Advice on Future Immigration Requirements for the Couple?
If an applicant has been granted Conditional Resident status then they will need to remove the conditions before the 2nd anniversary of approval.  The first two years of Conditional Residence and of Legal Permanent Resident status count towards the time it takes to become a Naturalized citizen which is 3 or 5 years depending on your particular case.  An experienced immigration attorney will assist you to plan for the next phase of immigration case.