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Frequently Asked Questions

Everything you need to know about finding and working with an immigration lawyer.

How can I find a good immigration lawyer?

Look for a lawyer with specific experience in your type of case, good reviews from previous clients, who speaks your language, and offers free or low-cost initial consultations. Our directory lets you filter by specialty, location, and language.

How much does an immigration lawyer cost?

Costs vary significantly depending on case type, attorney experience, and location. Here is a general cost guide — government filing fees are paid separately in addition to attorney fees. Initial consultation: $0 (many attorneys offer a free first meeting) up to $300 for highly specialized lawyers. Green card through marriage to a US citizen: $1,500–$5,000 in attorney fees + $2,115 in government fees (I-130 + I-485 + biometrics). Total approximate range: $3,600–$7,100. Citizenship (naturalization, N-400): $1,000–$3,500 in attorney fees + $725 in government fees. Many attorneys offer flat-fee packages for straightforward cases. H-1B work visa: $2,000–$6,000 in attorney fees. In most cases, the employer pays the attorney — not the worker. Asylum: $3,000–$15,000 depending on whether the case is affirmative (before USCIS) or defensive (in immigration court). The asylum application itself (I-589) has no government filing fee. Immigration court removal defense: $5,000–$20,000 or more depending on complexity. DACA renewal: $500–$1,500 in attorney fees + $550 government filing fee. K-1 fiancé visa: $1,000–$3,000 in attorney fees + $940 in government fees. If you cannot afford a private attorney: many cities have nonprofit legal organizations that offer free or low-cost immigration services. Look for organizations with a 'BIA recognized' designation — their accredited representatives can handle most immigration cases. Law school immigration clinics also provide free assistance supervised by licensed attorneys. Never pay a 'notario' for immigration filings — in the US, only licensed attorneys can legally advise you on immigration matters. This is general information, not legal advice — consult an attorney about your specific situation.

Do I need a lawyer for my immigration case?

While not mandatory, an immigration lawyer can significantly increase your chances of success. Immigration cases are complex and a mistake can result in denial of your application or even deportation.

What should I bring to my first consultation?

Bring all identity documents (passport, current visa), any previous immigration documentation, evidence of your situation (employment letters, marriage certificates, etc.), and a list of questions.

How do I verify a lawyer is legitimate?

Verify the lawyer is licensed to practice in your state. You can check this on your state bar association's website. Never trust 'notarios' who are not licensed attorneys.

How long does an immigration process take?

Timelines vary significantly depending on case type and whether you're applying inside or outside the US. Quick reference: US Citizenship (Form N-400): 8–14 months on average. Green card through marriage to a US citizen: 1.5–3 years inside the US (adjustment of status), 2–4 years abroad (consular processing). Green card through marriage to a green card holder: 3–6 years. Employment-based green card: 1 to 10+ years depending on category and country of birth — applicants born in India or China may wait decades due to per-country caps. H-1B work visa: 3–7 months, but applications are only accepted once per year in April through a lottery. Affirmative asylum: 1–5 years. Defensive asylum (immigration court): currently 5–12+ years due to massive court backlogs. DACA renewal: 3–5 months. These timelines shift with policy changes. Consult a lawyer to understand what applies to your specific situation.

Can I work legally while waiting for my green card to be approved?

Yes, in most cases. When you file Form I-485 (Application to Register Permanent Residence or Adjust Status), you can simultaneously file Form I-765 to request an Employment Authorization Document (EAD, also called a 'work permit'). The EAD typically takes 3–7 months to process and allows you to work legally for any employer in the US while your green card case remains pending. The EAD is valid for 2 years and can be renewed. Important: do not quit your current job or start a new one before receiving your approved EAD — working without authorization can seriously harm your green card application. If you entered on a work visa (such as H-1B or L-1), in many cases you can continue working under that visa while your I-485 is pending, even if the visa itself expires. The exact rules depend on your category and specific situation — consult an immigration attorney for personalized guidance.

Can I travel outside the US while my immigration case is pending?

It depends on your case type and current status. If you have a pending Form I-485 (adjustment of status), leaving the US without prior permission can automatically abandon your application. To travel safely, you must apply for Advance Parole using Form I-131 BEFORE leaving the country. Advance Parole typically takes 3–5 months to be approved. Many applicants file the I-131 together with the I-485 and I-765 (work permit) at the same time to save time. Important exceptions: if you have a valid H-1B or L-1 visa, you may in some cases be able to reenter under that visa without Advance Parole — but this can create complications, so consult an attorney before any trip. If your asylum case is pending, you generally CANNOT get Advance Parole, and traveling may result in your case being denied. If you already have a green card and plan to stay outside the US for more than 6 months, you need a Reentry Permit (also Form I-131) to avoid losing your permanent residence. People with criminal records may face problems reentering even with valid documents. This is general information, not legal advice — always consult an immigration attorney before traveling if you have any pending case.

How long does it take to get a green card through marriage to a US citizen?

The timeline depends mainly on whether you are already in the US or outside the country. If you are already in the US with valid legal status, you can go through the 'adjustment of status' process by filing Form I-130 (Petition for Alien Relative) together with Form I-485 (Adjustment of Status) at the same time — this is called concurrent filing and saves months compared to filing them separately. The typical total timeline is 12 to 24 months, though it varies by the USCIS field office that handles your case. If you are outside the US, consular processing typically takes 12 to 18 months. Step-by-step process from inside the US: (1) File I-130 + I-485 + I-765 (work permit) + I-131 (advance parole travel document) all at the same time; the I-765 and I-131 can be approved on their own in 3–7 months while you wait for the I-485. (2) Biometrics appointment (fingerprinting): typically 6–10 weeks after filing. (3) Medical examination with a USCIS-approved civil surgeon (Form I-693). (4) Interview with a USCIS officer: typically 8–18 months after filing. (5) Green card approval: usually within a few weeks after the interview. Government filing fees: Form I-130 costs $675 and Form I-485 costs $1,440 (for ages 14–78, which includes biometrics), for a total of $2,115 in government fees. For consular processing, I-130 ($675) plus the immigrant visa fee ($325) totals approximately $1,000. Important note about the conditional green card: if you had been married less than 2 years at the time your green card was approved, you will receive a conditional green card valid for only 2 years. Before it expires, you must file Form I-751 (Petition to Remove Conditions) with evidence that the marriage is genuine — at that point you will receive the standard 10-year permanent green card. To prove your marriage is genuine ('bona fide'), USCIS will look for documentation such as: joint bank accounts, a lease or mortgage in both names, photos together over time, joint tax returns, shared health or life insurance policies, and statements from people who know you as a couple. This is general information, not legal advice — consult an immigration attorney for guidance specific to your situation.

Do lawyers in this directory speak Spanish?

Yes, all lawyers in our directory offer services in Spanish. You can filter by language to find lawyers who speak your preferred language.

What are my rights if ICE agents come to my home?

You have constitutional rights regardless of your immigration status. You do NOT have to open the door — ICE agents must have a judicial warrant signed by a judge to enter your home. An administrative ICE warrant (Form I-205) is NOT enough to enter your home. You have the right to remain silent and do not have to answer questions about where you were born, how you entered the US, or your immigration status. If agents enter without a valid judicial warrant, clearly state 'I do not consent to this search.' Write down the badge numbers and names of any agents. Call an immigration lawyer immediately after any encounter. Many legal aid organizations offer free emergency hotlines for exactly these situations. Remember: this is general information, not legal advice — consult a lawyer about your specific situation.

How long does the asylum process take in the United States?

The asylum process can take anywhere from a few months to over 10 years, depending on your case type and the enormous backlog currently choking the immigration court system. There are two main paths: affirmative asylum and defensive asylum. Affirmative asylum: if you arrived in the US and are not in removal (deportation) proceedings, you file Form I-589 (Application for Asylum and Withholding of Removal) directly with USCIS — there is no filing fee for this form. A USCIS asylum officer will review your case and schedule an interview. Due to the massive backlog of applications, this interview can take anywhere from several months to several years. If the asylum officer denies your application, your case is automatically referred to an immigration judge. Defensive asylum: if you are already in removal proceedings, you may apply for asylum as a defense before an immigration judge (EOIR immigration court). Given the current backlog of millions of pending cases, the wait for a merits hearing can be anywhere from 3 to 10 or more years. Critical requirement — the one-year filing deadline: in the vast majority of cases, you must file your asylum application within 1 year of arriving in the US. If you wait longer than one year, you will lose the right to apply for asylum unless you can show 'extraordinary circumstances' (such as serious illness or ineffective assistance of counsel) or 'changed circumstances' (for example, conditions of persecution in your home country worsened after you arrived). Work permit during the process: you can apply for an Employment Authorization Document (EAD) once 150 days have passed since filing your complete and pending I-589. However, USCIS cannot approve the EAD until 180 days have elapsed — this is known as the 'asylum EAD clock.' Important: any delays you cause (such as requesting postponements or missing appointments) pause the clock and delay your work permit eligibility. Once asylum is granted: you receive asylee status, can include your spouse and unmarried children under 21 as derivative beneficiaries on your approval, and can apply for a green card one year after your asylum approval using Form I-485 (no additional filing fee for asylees). Your spouse and children can also apply for their green cards as derivatives. This is general information, not legal advice — consult an immigration attorney about your specific situation.

What happens if I miss my immigration court date?

Missing an immigration court hearing is very serious. In most cases, the judge will issue an 'in absentia' deportation order — meaning you can be ordered removed from the US without being present. This can happen even if you did not receive notice, though the government must prove notice was properly sent to your last registered address. If you receive an in absentia removal order, you may be able to reopen your case: within 180 days if you missed the hearing due to exceptional circumstances (such as a documented medical emergency), or at any time if you never received proper notice. To appeal, you must file Form EOIR-26 (Notice of Appeal) with the Board of Immigration Appeals (BIA) within 30 days, or file a motion to reopen with the same immigration court. An in absentia order can also make you inadmissible to the US for 10 years. If you think you may have missed a court date, contact an immigration attorney immediately — time is critical. Do not leave the country, as this could make your situation significantly harder to resolve. This is general information, not legal advice — consult a lawyer about your specific case.

Can I sponsor my parents for a green card?

If you are a US citizen (not just a green card holder), you can petition for your parents to receive green cards through what's called the 'immediate relative' category. This is one of the fastest family-based immigration paths — there is no annual quota cap, which means much shorter wait times compared to other family preference categories. Here's how the process works: First, file Form I-130 (Petition for Alien Relative) with USCIS along with proof of your US citizenship (birth certificate, passport, or naturalization certificate) and the family relationship (your parents' birth certificates). Once the I-130 is approved, your parents can either apply for an immigrant visa at a US consulate abroad (consular processing) or, if they are already lawfully present in the US, apply to adjust their status by filing Form I-485. They will also need to pass medical examinations and background checks. Key requirements: you must be a US citizen aged 21 or older; you must demonstrate financial ability to support them by filing Form I-864 (Affidavit of Support), which requires income of at least 125% of the federal poverty level. Important: Lawful Permanent Residents (green card holders) cannot petition for parents — you must be a naturalized or birthright US citizen. If your parents entered the US without inspection or have prior immigration violations, they may face admissibility bars and need a waiver before they can get their green cards — consult an immigration attorney before starting the process. This is general information, not legal advice — always consult an attorney about your specific situation.

How much does it cost to apply for US citizenship?

Filing the citizenship (naturalization) application using Form N-400 has an official cost of $725, which includes a $640 filing fee and an $85 biometrics (fingerprinting) fee. Applicants aged 75 or older are exempt from the biometrics fee. If you have a low income, you may qualify for a 50% fee reduction ($460) or even a full fee waiver — to request this, file Form I-942 together with your N-400. The main eligibility requirements to naturalize are: being a Lawful Permanent Resident (green card holder) for at least 5 years, or 3 years if you are married to a US citizen and have lived together during that period; having resided continuously in the US; being able to read, write, and speak basic English; demonstrating knowledge of US history and government through a civics exam (100 possible questions, you must correctly answer 6 out of 10); and demonstrating good moral character. Processing times: the full process currently takes between 8 and 24 months depending on which USCIS field office handles your case — you can check current wait times on the USCIS website. If you hire a lawyer to guide you through the process, expect to pay an additional $1,000–$3,500 in legal fees, though many people naturalize without an attorney when their case is straightforward and they have no criminal history or immigration complications. This is general information, not legal advice — consult an immigration attorney for guidance specific to your situation.

What's the difference between a visa and a green card?

A visa and a green card are very different things, though people often confuse them. A visa is permission to travel to the United States and enter the country for a specific purpose and time period — it appears as a stamp or sticker in your passport. There are two main categories: nonimmigrant visas (temporary, like B-2 tourist, F-1 student, H-1B work, or J-1 exchange) and immigrant visas (for people intending to live permanently in the US). A visa only allows you to enter — once you're inside the country, the date on your I-94 arrival/departure record determines how long you're allowed to stay, not the visa expiration date. A green card (officially called a Lawful Permanent Resident card or Form I-551) gives you the right to live and work permanently in the United States. Once you have a green card, you don't need a visa to return to the US — it serves as your travel document for reentry (for trips under 6 months). A green card must be renewed every 10 years (or every 2 years for conditional residents). Key differences: a visa lets you enter the US temporarily; a green card lets you live here permanently. Visas are issued by US consulates abroad; green cards are issued by USCIS inside the US. A green card holder can work for any employer without separate work authorization. After holding a green card for 3–5 years, you may be eligible to apply for US citizenship. People obtain green cards through family relationships, employment, asylum, the diversity lottery, and other categories. Obtaining a green card while already in the US on a visa is called 'adjusting status' using Form I-485. This is general information, not legal advice — consult an immigration attorney for guidance on your specific situation.

Can I get a green card if I entered the US without papers?

Yes, it's possible in some cases, but it depends on several important factors. How you entered the US significantly affects your options. If you entered without inspection (crossed the border without going through an immigration officer), you generally cannot adjust your status inside the US and would need to apply for a green card at a consulate in your home country. However, leaving the US may trigger unlawful presence bars: more than 180 cumulative days without status triggers a 3-year bar; more than 1 continuous year triggers a 10-year bar. If you have an approved petition from a US citizen immediate relative (spouse or parent), you may qualify for the Provisional Unlawful Presence Waiver (Form I-601A), which lets you apply for the waiver before departing and reduces time separated from your family. If you entered on a visa (such as a tourist visa) but overstayed, you may be eligible to adjust your status (Form I-485) if you have a qualifying family or employment sponsor and no other bars to admission. Every situation is different — this is one of the most complex areas of immigration law and mistakes can have serious consequences. Always consult an immigration attorney before taking any action.

What happens to my immigration case if my lawyer quits?

If your immigration lawyer quits, withdraws, or you need to change attorneys, your case does not disappear — but you must act quickly to protect your deadlines and status. First, understand that you own your case file. Your attorney must return your original documents and a copy of everything in your file, typically within a reasonable time (often 30 days). If they refuse, you can file a complaint with your state bar association. Your immigration case and any court dates continue regardless of whether you have an attorney. This means: if you have upcoming immigration court hearings (EOIR), you must still appear or request a continuance — you can file a motion to continue pro se (on your own) to give yourself time to find new counsel. If you have USCIS deadlines (like a Request for Evidence, or RFE), missing them can result in denial of your application. If you are in removal proceedings, notify the immigration court by filing Form EOIR-10 or a written notice of attorney withdrawal. Steps to take immediately: (1) Get written confirmation from your former attorney that they have withdrawn. (2) Request your complete case file — you paid for this work. (3) Check your case status at uscis.gov/case-status or call the immigration court hotline at 1-800-898-7180 (EOIR). (4) Identify any upcoming deadlines — look for RFEs, court dates, or filing deadlines. (5) Contact legal aid organizations in your area right away — many offer emergency assistance for exactly this situation. To find a new attorney quickly: contact your local bar association's lawyer referral service, search for EOIR-accredited representatives, or reach out to nonprofit immigration legal aid organizations, which often provide free or low-cost help. If you cannot afford a new attorney, you may be able to represent yourself (pro se) — it is difficult but thousands of people do it, and some courts have self-help programs. If you are detained, you may qualify for free representation through pro bono programs. This is general information, not legal advice — consult an immigration attorney about your specific situation.

What happens if I overstay my visa?

Overstaying your visa has serious legal consequences. Unlawful presence is counted from when your authorized stay expired — that is the date on your Form I-94, not the expiration date on your visa stamp, so those dates can differ. If you accumulated more than 180 days but less than 1 year of unlawful presence and then left the US, you will face a 3-year bar from re-entering the country. If you accumulated 1 year or more before leaving, that bar extends to 10 years. Critically, these bars are only triggered when you depart the US — while you remain inside the country, the bars have not started. This means leaving could be the action that creates the problem. If you are still in the US and have overstayed, consult an immigration attorney BEFORE departing. Depending on your circumstances, you may have options: (1) Adjustment of Status — if you have a qualifying US citizen or permanent resident family member, you may be able to file Form I-485 to get a green card without leaving. (2) If you have already left and a bar applies, you can apply for a waiver using Form I-601 or Form I-601A (Provisional Unlawful Presence Waiver), but you must demonstrate 'extreme hardship' to a qualifying US citizen or permanent resident relative. Note: time spent in the US under age 18 does not count toward unlawful presence, and a pending asylum application may also pause the clock. This is general information only, not legal advice — consult an immigration attorney before making any decisions, especially before leaving the US.

What is DACA and can I still apply for it?

DACA (Deferred Action for Childhood Arrivals) is a federal program that provides temporary protection from deportation and a renewable work permit to certain people who came to the United States as children — often called 'Dreamers.' DACA does not provide a path to a green card or citizenship on its own, but it protects from deportation and allows legal employment while the program is in effect. General eligibility requirements: you must have come to the US before your 16th birthday and before June 15, 2007; continuously lived in the US from June 15, 2007 to the present; been under 31 years of age as of June 15, 2012; had no lawful immigration status as of June 15, 2012; currently be in school, graduated or obtained a GED, or been honorably discharged from the military; and have no felony convictions, significant misdemeanors, or three or more other misdemeanors. Current status of DACA (2025): DACA has been legally challenged for years. As of now, USCIS continues to process renewals for existing DACA recipients, but is not accepting new (initial) DACA applications due to active court orders. This situation continues to evolve — check uscis.gov/DACA for the most current status before taking any action. Renewal: if you already have DACA, you can apply to renew up to 150 days before your current grant expires. Filing Form I-821D (DACA request) together with Form I-765 (work permit) costs $550. Given the ongoing legal uncertainty, it is strongly recommended to renew as early as possible. Can DACA lead to a green card? DACA itself is not a visa and does not directly lead to a green card. However, some DACA recipients may be eligible for a green card through marriage to a US citizen, employer sponsorship, or other family relationships — this depends heavily on how and when you entered the US. Consult an immigration attorney to explore your individual options. This is general information, not legal advice.

What is a K-1 fiancé visa and how does it work?

The K-1 visa (also called a 'fiancé visa') allows a US citizen to bring their foreign-born fiancé(e) to the United States to get married within 90 days of arrival. After the wedding, the fiancé can apply for a green card without leaving the country. Main requirements: the petitioner must be a US citizen — Lawful Permanent Residents (green card holders) cannot use this process; both people must be legally free to marry (single, divorced, or widowed); you must have met in person at least once within the past 2 years (there are very limited exceptions for extreme hardship or cultural customs); and you must both have a genuine intention to marry. Step-by-step process: (1) The US citizen files Form I-129F (Petition for Alien Fiancé) with USCIS — filing fee: $675. Processing typically takes 6–12 months. (2) Once the I-129F is approved, the case is forwarded to the National Visa Center and then to the US consulate in the fiancé's country. (3) The fiancé applies for the K-1 visa at the consulate: completing forms, attending an interview, completing a medical exam with an approved physician, and passing a background check — visa fee: $265. (4) With the K-1 visa approved, the fiancé travels to the US and has exactly 90 days to get married. (5) After the wedding, they file Form I-485 to adjust status and receive a conditional green card — filing fee: $1,440. Total approximate government fees: $675 (I-129F) + $265 (K-1 visa) + $1,440 (I-485) = $2,380, not including the medical exam or attorney fees. Total timeline from start to green card: approximately 18 to 36 months. About the 90-day window: this deadline is strict and cannot be extended. If the couple does not marry within 90 days, the fiancé must leave the US and the entire process would have to restart from the beginning. Is it better to use a K-1 visa or get married abroad and apply directly for an immigrant visa? It depends on each couple's circumstances. The K-1 path can be faster when consular immigrant visa processing is slow in the fiancé's country. However, if you plan to marry soon regardless, it may be simpler to marry first and then start the green card process directly. An immigration attorney can help you evaluate which path is best for your specific situation. This is general information, not legal advice — always consult an immigration attorney for guidance on your specific case.