Question 1

How does the process work?

Accepted Answer

Schedule a consultation. During that meeting, an attorney reviews your immigration goals, history, and circumstances, creates a tailored plan, explains the steps, and once you sign and pay, the team handles the rest of the process.

Question 2

How can I speak with an attorney?

Accepted Answer

You can schedule a consultation online or call or text the office at 505-466-5600 to set up a time to speak with an attorney.

Question 3

Do the attorneys speak Spanish?

Accepted Answer

Yes. The attorneys speak Spanish, and the firm can also arrange live telephonic interpreters for other languages when needed.

Question 4

What kinds of cases do you handle?

Accepted Answer

The firm handles immigration matters for individuals, families, and employers, including work permits, green cards, citizenship, family-based petitions, employment-based visas, waivers, and U visas for victims of crime.

Question 5

How much is a consultation?

Accepted Answer

A consultation with an associate attorney is typically $125, and a consultation with a managing attorney is typically $200.

Question 6

How much will my case cost?

Accepted Answer

Case cost depends on your goals and history. During your consultation, the attorney explains the total based on the strategy and distinguishes between legal fees and government filing fees.

Question 7

Do you take payment plans?

Accepted Answer

Most matters are flat-fee cases paid up front, but there are several payment options available, including a financing option for monthly payments through ClientCredit.

Question 8

What documents will I need?

Accepted Answer

Your attorney will provide a customized list of required documents after reviewing your situation, and you are encouraged to email any documents you want reviewed before your consultation.

Question 9

Who can petition for me? Can I apply through a family member?

Accepted Answer

Generally, U.S. citizens may petition for spouses, parents, siblings, and children, while permanent residents may petition for spouses and unmarried children. An attorney can explain which options apply to your family.

Question 10

What are my chances of getting approved or denied?

Accepted Answer

The firm reports a high success rate and carefully reviews each application multiple times, but no outcome can be guaranteed. During your consultation, the attorney will explain the risks, benefits, and likely options for your case.

Question 11

Do I have to take the Naturalization Test in English?

Accepted Answer

You may be exempt from the English requirement if you are at least 50 years old with 20 or more years as a permanent resident, at least 55 with 15 or more years as a permanent resident, or if you qualify for a disability-based exception.

Question 12

I have a criminal record. Can you still help me?

Accepted Answer

Yes, but it is essential to speak with an attorney. The firm has experience obtaining green cards and citizenship for people with criminal or immigration history and can evaluate whether a waiver or other strategy is available.

Question 13

I am a survivor of domestic violence. Can you help me?

Accepted Answer

Survivors of domestic violence, sexual assault, and certain other crimes may qualify for relief such as a VAWA self-petition or a U visa. The firm treats these matters confidentially and focuses on safety and long-term security.

Question 14

I was a victim of a crime. Can you help me?

Accepted Answer

Victims of certain crimes may be eligible for U visas. An attorney can review your police report and circumstances during a consultation to see if you qualify.

Question 15

What family members may file a petition for me to obtain a green card?

Accepted Answer

U.S. citizens may file green card petitions for their spouses, parents, children, and siblings. Lawful permanent residents may file for their spouses and unmarried children.

Question 16

Do I have to leave the U.S. to apply for my green card?

Accepted Answer

Some people can complete the entire green card process inside the United States through Adjustment of Status, while others must attend an interview abroad through consular processing. If you entered with a visa or had a qualifying petition filed for you on or before May 1, 2001, you may be eligible to finish the process inside the U.S.

Question 17

If I need to leave the U.S. to attend an interview in my home country, how long will I be out of the country?

Accepted Answer

In many cases, when the case is well prepared, you only need to be outside the United States for roughly one to two weeks to attend the consular interview.

Question 18

What if I entered the U.S. unlawfully or had immigration problems in the past?

Accepted Answer

A waiver may be available for unlawful presence, misrepresentations, or certain other issues, but not every problem has a waiver. You should consult an attorney before leaving the United States so you do not become stuck outside the country.

Question 19

Will the changes regarding the public charge rule affect my case?

Accepted Answer

Many immigrants still qualify for green cards despite changes to the public charge rules, but strong supporting evidence is needed to show you are not likely to become a public charge.

Question 20

Do I have to speak, read, or write English to naturalize?

Accepted Answer

You may qualify for an exemption from the English requirement if you meet certain age-and-time-as-resident combinations or if you qualify for a disability exception. An attorney can confirm which rules apply to you.

Question 21

What if I have not paid my taxes or owe money to the IRS?

Accepted Answer

You will usually need to make sure your tax filings are up to date and set up a payment plan for any unpaid taxes before applying for naturalization.

Question 22

I am married to a U.S. citizen. How long do I have to wait to apply for naturalization?

Accepted Answer

If you have lived with and been married to your U.S. citizen spouse for at least three years, you may be eligible to apply for naturalization after three years of permanent residence, and you can typically file up to 90 days early.

Question 23

I have a DWI. Can I naturalize?

Accepted Answer

A DWI can negatively affect a naturalization case, but it may be overcome by showing rehabilitation and positive steps you have taken since the incident. An attorney should review your record.

Question 24

What is the best way to obtain a work permit?

Accepted Answer

Common paths to a work permit include filing a green card application, a U visa for victims of certain crimes, or a VAWA petition, and in many cases employment-based filings through an employer are also available.

Question 25

How can I get a Social Security number?

Accepted Answer

Many work permit applications allow you to request a Social Security number at the same time, or you may apply in person at a Social Security office after your work permit is approved.

Question 26

My friend obtained a work permit by applying for asylum. Can I do that?

Accepted Answer

You should only apply for asylum if you have a genuine fear-based claim. Filing a weak or false asylum case just to get a work permit can lead to removal proceedings and likely deportation.

Question 27

Can my employer file an application for a work permit for me?

Accepted Answer

Possibly. Some work permits are based on employer-sponsored petitions. Your employer and an immigration attorney can review whether any employment-based options apply to you.

Question 28

Does the crime have to be reported to the police to qualify for a U visa?

Accepted Answer

Yes. The first step is reporting the crime to law enforcement and obtaining a police report so an attorney can evaluate whether you may qualify for a U visa.

Question 29

Could I still qualify for a U visa if the person who committed the crime was never arrested?

Accepted Answer

Yes. A U visa does not require an arrest or conviction, but you must report the crime and cooperate with reasonable requests from law enforcement.

Question 30

Can I include my family members in a U visa petition?

Accepted Answer

If you are under 21, you may be able to include your spouse, children, parents, and certain younger siblings. If you are 21 or older, you may generally include only your spouse and unmarried children under 21.

Question 31

What if I have a criminal conviction or immigration problems in the past and want a U visa?

Accepted Answer

Criminal and immigration issues can affect a U visa case, but many problems can be addressed through waivers and strong evidence of rehabilitation and positive contributions.

Question 32

Can I qualify for a green card if I entered the United States without permission and am living here unlawfully?

Accepted Answer

Many people in this situation may still qualify by applying for a provisional unlawful presence waiver, often using Form I-601A, if they meet the requirements.

Question 33

When do I need to apply for a provisional unlawful presence waiver?

Accepted Answer

It is usually best to file the waiver after the family petition is approved and the green card process has begun, but before leaving the United States for a consular interview.

Question 34

How does the government decide if someone can get a provisional waiver for unlawful presence?

Accepted Answer

Officials look at whether your U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if you were separated or if they had to relocate abroad to be with you.

Question 35

If I need a provisional waiver for unlawful presence, how long will I be outside the United States for my interview?

Accepted Answer

Because most of the process occurs in the United States and the waiver is approved before travel, many applicants are abroad only about one to two weeks for their consular interview.

Question 36

What other types of waivers are available during the immigration process?

Accepted Answer

Common waivers address issues such as unlawful presence, smuggling certain family members, misrepresentation, some criminal convictions, prior removal orders, and J-1 two-year home residence requirements.

Question 37

When does the I-751 removal of conditions application need to be filed?

Accepted Answer

Generally, you must file Form I-751 during the 90-day window before your two-year green card expires, although late filings may be possible with a good reason and supporting evidence.

Question 38

Can I still remove the conditions on my green card if I am divorced from my spouse?

Accepted Answer

Yes. You may request a waiver and file on your own, but you will need to provide documentation showing the good-faith nature of the prior marriage.

Question 39

Can I file a petition on my own if my U.S. citizen or permanent resident spouse is abusive and will not file for me?

Accepted Answer

Yes. Under VAWA, certain abused spouses can self-petition without the abuser’s participation, including in some cases when the marriage has ended within the last two years.

Question 40

Can DACA renewals still be filed?

Accepted Answer

Yes. As of now, it is generally possible to file DACA renewals, even though initial DACA applications may be paused or limited by current policy.

Question 41

Am I still a lawful permanent resident if my green card expired?

Accepted Answer

Yes. Your underlying permanent resident status usually continues even if the card is expired, but you should renew the card or, if eligible, apply for naturalization to obtain updated proof of status.

Question 42

Who can file an H-1B petition?

Accepted Answer

Only a U.S. employer can file an H-1B petition. Foreign national workers cannot file H-1B petitions for themselves.

Question 43

When should I file a cap-subject H-1B petition?

Accepted Answer

Cap-subject H-1B petitions can generally be filed starting April 1 for employment beginning October 1, and because the annual cap is often reached quickly, employers should be ready to file early.

Question 44

Can family members join the H-1B foreign national in the United States?

Accepted Answer

Yes. Spouses and unmarried children under 21 may qualify for H-4 status, which permits residence and study, and in limited cases work authorization.

Question 45

How soon after hiring should a company start the PERM process?

Accepted Answer

Employers are usually advised to begin the PERM permanent residence process as early as possible, since it can take significant time to complete.

Question 46

I have been recruiting for the position for a while. Can I use that recruitment effort in the PERM process?

Accepted Answer

Often no. The Department of Labor requires very specific recruitment steps and timelines, so most prior recruiting efforts do not fully meet the PERM rules and must be repeated.

Question 47

Can family members be included in the employment-based permanent residence process?

Accepted Answer

Yes. The principal employee’s spouse and unmarried children under 21 can usually be included as derivative beneficiaries so the entire family can obtain status together.

Question 48

How much time do HR staff have to dedicate to the permanent residence process for foreign national employees?

Accepted Answer

With experienced immigration counsel, many employers find that HR staff spend relatively little time on each case because the law firm handles most of the immigration work.

Question 49

When should I start the J-1 physician waiver process?

Accepted Answer

It is best to make hiring decisions by early summer for the following year, because waiver applications are typically filed in the fall and require substantial preparation.

Question 50

Can I apply for an H-1B visa as soon as the J-1 physician waiver is approved?

Accepted Answer

Yes. Physicians who obtain an approved J-1 waiver can usually proceed with an H-1B petition that is exempt from the annual H-1B numerical cap.

Question 51

Do I have to go through the same permanent residence process for physical therapists and nurses?

Accepted Answer

No. Many physical therapists and nurses qualify under special rules that allow a faster and more flexible permanent residence process than the standard PERM route.

Question 52

Should I even consider foreign national candidates? The process seems so daunting.

Accepted Answer

Yes. With proper immigration guidance, the process becomes manageable and often requires limited effort from employers, and you should avoid unlawful discrimination based on national origin.

Question 53

Is the H-1B visa the only option I have when considering foreign talent?

Accepted Answer

No. Depending on the candidate, other options may include TN visas for certain Canadians and Mexicans, O-1 visas for individuals with extraordinary ability, E-3 visas for Australians, and more.

Question 54

We routinely receive immigration questions from faculty candidates that we cannot answer. Can you help?

Accepted Answer

Yes. The firm frequently advises universities and higher education employers, helping them and their candidates understand immigration options so they can focus on academic and hiring decisions.

Question 55

We hired a foreign national assistant professor to start in August, but the H-1B cap has been reached. Can we still petition?

Accepted Answer

Often yes. Institutions of higher education are generally exempt from the annual H-1B cap, so they may file cap-exempt H-1B petitions at any time of year.

Question 56

I am engaging in groundbreaking research. What immigration options do I have?

Accepted Answer

Researchers may qualify for self-sponsored or employer-sponsored permanent residence options such as extraordinary ability, national interest waiver, or outstanding professor or researcher categories.

Question 57

How long is R-1 religious worker status valid?

Accepted Answer

R-1 status is typically available for up to five years in total. For a longer stay, the religious organization may pursue permanent residence for the worker.

Question 58

Does my employer need to file a petition for my TN visa?

Accepted Answer

If you are inside the United States applying for a change or extension of TN status, your employer must file a petition. If you are applying for a TN visa or admission from abroad, no petition is required, but you will need a detailed employment letter.

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