Why do I need to hire a lawyer; can’t I just fill out the immigration forms myself?
Yes, possibly you could successfully handle you case by yourself. However, immigration and nationality law is one of the most complex areas of law. It contains many traps for the uniformed. One mistake can lead to a denial of your application and loss of the filing fees, or worse, to detention and deportation. Clients frequently hire us to fix their mistakes or the mistakes made by a notario (non-lawyer illegally practicing immigration law). Sometimes we are able to correct the damage, but the cure is usually much more expensive than the cost of having us do it correctly in the first place. Sadly, other times the mistake cannot be corrected. Immigration forms are very sophisticated legal documents designed to detect grounds to deny applicants or to place them in deportation proceedings.
How much will it cost?
Each case is unique and we can only give an estimate or quote of the cost after the initial consultation where we meet with you to learn all the particulars of your case. If the amount of work needed is predictable, we charge a flat legal fee. If the amount of work is not predictable, we charge an hourly rate.
Do you charge a consulting fee?
Yes. We charge $100 for the initial consultation. If you hire us to represent you for that matter, we will apply this fee to your legal fees. If we choose not to represent you, we will refund the fee.
I entered the country illegally; can I apply for a non-immigrant visa or a green card (lawful permanent residence) without having to leave the U.S.?
Generally no. However, there are several exceptional situations where one is able to do this. We could not definitively answer this question until after an initial consultation.
How do I know how long I can stay legally in the U.S.?
The date on your I-94 governs how long you are authorized to stay in the U.S., not the visa expiration date. The I-94 is the white card you received from the immigration inspector when you entered the country. It is not uncommon to be authorized to stay past the expiration date on your visa. Some I-94s will be marked D/S in place of a date. This is the abbreviation for “duration of status” and is given to F-1 and J-1 entrants. For these non-immigrants the I-20, IAP-66 or DS-2019 generally states the time period they are in status—although the school or sponsoring organization can shorten the time period.
My green card has expired; am I still a lawful permanent resident?
Yes. The green card (I-551) is merely proof of your status as a lawful permanent resident. Even after it expires you are still a permanent resident. You will need it to prove to employers that you are authorized to work.
How can I lose my status as a permanent resident?
You can lose it in several ways: by abandonment or relinquishment, by engaging in certain illegal activities inside or outside the U.S., by leaving the country while in removal proceedings, or by entering the U.S. at a place other than an official port of entry. You must be especially careful not to be absent from the U.S. for more than 180 days. If you are absent for longer than 6 months, the immigration service will presume that you have abandoned your permanent residence. You will have the burden to prove that you have not, which at times can be difficult. If you do plan to spend a lengthy period of time outside the U.S., you need to apply for a re-entry permit before you leave.
How do I notify U.S. Citizenship and Immigration Service of my new address?
This is a great question. All foreign nationals residing in the U.S. for more than 30 days are required to formally notify the USCIS of any changes to their home address, and failure to do so can lead to serious consequences. This should be done by mailing a completed Form AR-11 to the address listed on the form or by completing and submitting the form on the USCIS website https://egov.uscis.gov/crisgwi/go?action=coa. The notification should be submitted within ten days of the change of home address. It is important to make sure you have proof of compliance. If mailing the form, send it by certified mail with a return receipt. If done online, print out the receipt.