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Frequently Asked Questions

Immigration matters can raise important questions at every stage of the process. Here, we address some of the most common questions about our services, representation options, and how we work with clients. For guidance specific to your circumstances, please don’t hesitate to reach out.

General Questions

Who will handle my case day-to-day?

An assigned paralegal will prepare documents, but your attorney oversees and reviews every step.

How will you update me on my progress?

We send email updates and schedule status calls whenever major notices arrive from immigration offices.

How much will my total case cost?

For some services we charge a discounted hourly rate but most applications we charge a flat fee for our legal services, not including separate government filing fees.

How long will the entire process take?

Processing times vary by application or petition type and by agency workload, but generally the agency periodically publishes processing times.

What is the main difference between Adjustment of Status (AOS) and Consular Processing (CP)?

AOS is processed entirely within the United States through USCIS while you are physically in the country. CP is processed outside the United States at a U.S. Embassy or Consulate in your home country.

Can I choose which process to use?

If you are currently inside the U.S. on a valid nonimmigrant visa and meet all eligibility rules, you can choose either option. If you are outside the U.S., you must use Consular Processing.

Can I travel outside the U.S. while my application is being processed?

Under AOS, you cannot travel abroad until you receive an Advance Parole document, or you risk abandoning your application. Under CP, you are already abroad, so international travel rules depend on your home country and current visas. However, as of 2026 some travelers on Advanced Parole face a risk of not being readmitted back into the U.S.

What happens if my application is denied?

AOS denials can often be appealed or renewed in immigration court, and you can usually remain in the U.S. during the process. CP denials are generally final under the doctrine of consular non-reviewability, with very limited options to challenge the decision.

What is a Notice to Appear (NTA)?

An NTA is a formal legal document charging you with being removable from the United States. It lists your factual allegations (e.g., your entry date, your current legal status, and why the government believes you are out of status).

Does this mean I am being deported immediately?

No, the NTA is just the start of the legal process. You have the right to a fair trial, to see the evidence against you, and to present a defense.

What happens at the first court appearance?

Your first appearance is called a Master Calendar Hearing. It is a short procedural hearing where you or your lawyer will respond to the charges on the NTA and schedule a future trial date.

Tiered representation

What services are provided for full representation?

With full representation, the attorney manages your case from start to finish. He assesses the case, advises on all matters concerning the case including the relevant supporting evidence, drafts the relevant paperwork, and handles any issues that arise while the case is pending. Under this option the attorney also attends USCIS interviews and court appearances.

What if I only prefer to limit attorney’s services to drafting, advising on supporting evidence and Submission?

With this option the attorney drafts the legal brief or the petition(s)/application(s) and related paperwork, provides legal advice on supporting evidence tailored to your specific case and submits it on your behalf.

NOTE: Under this option the attorney’s services do not go beyond the submission stage.

What if I only prefer reviewing my petition/application and advise on supporting evidence?

Under this option, the client prepares the brief or petition/application(s) and related paperwork and the attorney only reviews and advises for a fee.

NOTE: Under this option the attorney’s services do not go beyond reviewing the paperwork.

What if I want attorney’s representation for a previously filed Petition/Application(s)?

If the application/petition is already pending with USCIS, for a fee the attorney may review and advise on the submission. Attorney also assists with preparing responses to Requests for Evidence (RFE) or Notices of Intent to Deny (NOID). The attorney may become the attorney of record for a previously filed case if the circumstances permit.

Does attorney charge a fee for consultations?

Attorney offers consultation services with a fee waiver in certain instances. Complete the contact form to see if you qualify for a fee waiver.

High-Unemployment & Exceptional Talent Visas (EB-1A & EB-2 NIW)

What is the main difference between EB-1A and EB-2 NIW?

EB-1A requires demonstrating extraordinary ability and national or international acclaim. EB-2 NIW requires an advanced degree or exceptional ability, plus proof that your proposed endeavor has substantial merit and national importance.

Do I need a US employer to sponsor my EB-1A or EB-2 NIW?

No, both categories allow for self-petitioning, meaning you do not need a job offer or a labor certification.

What kind of evidence do I need to provide?

Among other pieces of evidence you must provide documentation like peer-reviewed publications, high citation counts, media coverage, judging work, or letters of recommendation from independent experts.

Can I file my AOS at the exact same time as my EB-1A or EB-2 NIW?

Yes, this is called concurrent filing, but it is only allowed if your visa category’s priority date is “current” on the Visa Bulletin

Employment Visas (H-1B)

How does the H-1B lottery process work?

Employers must first register you in the online lottery system in March. If your registration is selected, the employer can then file a full petition.

What are the requirements for an H-1B visa?

The position must qualify as a specialty occupation requiring at least a bachelor’s degree, and you must hold that specific degree or its equivalent.

Can I transfer my H-1B visa to a new employer?

Yes, you can change employers, but the new company must file a new H-1B petition on your behalf before you start working.

Overcoming the Unlawful Entry with a Waiver

What is an I-601A Provisional Unlawful Presence Waiver?

This waiver allows you to ask the government to forgive your unlawful entry before you leave the U.S. for your green card interview abroad, avoiding a surprise 10-year trap.

Who qualifies for the I-601A waiver?

You must prove that your U.S. citizen or green card holder spouse or parent would suffer “extreme hardship” if you were not allowed back into the United States. Hardship to children does not count for this specific waiver.

What is “Parole in Place” (PIP)?

If you are the spouse, parent, or child of a U.S. military service member or veteran, you may be granted Parole in Place. This cures your unlawful entry, letting you apply for a green card from inside the U.S. without leaving.

Protection From Deportation

What should I do if Immigration and Customs Enforcement (ICE) stops me?

You have constitutional rights regardless of your status. You have the right to remain silent, refuse to sign documents without a lawyer, and deny entry to your home unless they show a warrant signed by a judge.

Can I apply for Asylum if I entered unlawfully?

Yes, you can apply for asylum regardless of how you entered the country. However, you must generally file the application within one year of your arrival in the United States.

Contact Us

Have More Questions?

If you don’t see the answer you’re looking for, we’re here to help. Get in touch to discuss your questions and learn how we may be able to assist with your immigration matter.