FAQ
Frequently asked questions
Who is eligible to apply for asylum in the United States?
Anyone who fears persecution or harm in their home country on account of race, religion, nationality, political opinion, or membership in a particular social group may be eligible for asylum
Can I still apply for asylum even if I don’t have formal documents proving persecution?
Yes — while documentary evidence helps, the law allows a fact-finder (USCIS or an Immigration Judge) to grant asylum based solely on your credible testimony and personal story.
If I apply for asylum, can I work while waiting for a decision?
Yes — in many cases, asylum applicants become eligible to apply for work (employment) authorization after approximately 150 days.
What happens if I receive a deportation or removal order — can I still fight it?
Yes — the firm handles removal defenses, including appeals, motions to reopen or reconsider, and other relief options
Why is hiring an experienced immigration lawyer important when applying for asylum or fighting removal?
Because asylum and removal cases are often complex, may involve many forms of relief (not all obvious), and may rely on testimony alone. An experienced lawyer can carefully prepare and present your case, increasing your chances of success.
Immigration Law FAQs
How long do I have to apply for asylum in the United States?
Generally, you must apply for asylum within one year of your last arrival in the United States. If you do not file within this one-year deadline, you will not be eligible for asylum unless you can prove extraordinary circumstances or changed circumstances in your home country.
Can I get a green card if I entered the U.S. illegally?
Yes, but it is difficult. If you entered without inspection, you usually cannot adjust your status inside the U.S. through marriage alone. You may need to apply for a provisional unlawful presence waiver (I-A) before leaving the country to attend an interview at a U.S. consulate abroad.
What happens if I overstay my tourist visa?
Overstaying your visa accrues “unlawful presence.” If you overstay by more than days and leave the U.S., you face a -year ban from returning. If you overstay by more than one year, you face a -year ban. However, marriage to a U.S. citizen can sometimes forgive an overstay if you adjust status without leaving the country.
Do I have to go to immigration court if I move to a new state?
Yes. You must attend all scheduled immigration court hearings, regardless of where you live. If you move, you must file a Change of Address form (Form EOIR-) with the court within days and file a Motion to Change Venue if you want your case transferred to a court closer to your new home.
Can I work while my asylum application is pending?
Yes, but you must wait. You can apply for an Employment Authorization Document (EAD) days after you file your complete asylum application, provided no delays were caused by you.
What is the U visa and who qualifies for it?
The U visa is a nonimmigrant status for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of criminal activity. It provides legal status, work authorization, and a path to a green card.
Can I travel outside the U.S. while my green card application is pending?
No, unless you have Advance Parole. If you leave the U.S. while your adjustment of status (I-) is pending without an approved Advance Parole document (I-), the government will consider your green card application abandoned.
How long does it take to become a U.S. citizen?
If you have a green card, you must generally wait years to apply for U.S. citizenship. If you obtained your green card through marriage to a U.S. citizen, the wait time is reduced to years, provided you are still married and living together.
What should I do if ICE comes to my house?
Do not open the door. You have the right to remain silent. Ask the officers to slide their warrant under the door. Unless the warrant is signed by a judge and has your correct name and address, you do not have to let them inside.
Can I sponsor my undocumented parents for a green card?
If you are a U.S. citizen over the age of , you can petition for your parents. However, if they entered the U.S. illegally, they cannot adjust their status inside the country and will likely need an unlawful presence waiver before attending an interview in their home country.
What is Cancellation of Removal?
Cancellation of Removal is a defense in immigration court that stops deportation and grants a green card. To qualify, an undocumented immigrant must prove years of continuous physical presence in the U.S., good moral character, and that their deportation would cause “exceptional and extremely unusual hardship” to a U.S. citizen or permanent resident spouse, parent, or child.
Does a DUI affect my immigration status?
Yes. A single standard DUI is not usually an “aggravated felony” that triggers automatic deportation, but it can negatively affect your “good moral character” requirement for citizenship, DACA renewals, or Cancellation of Removal. Multiple DUIs or a DUI with aggravating factors can lead to deportation.
What is VAWA and how does it help immigrants?
The Violence Against Women Act (VAWA) allows abused spouses, children, and parents of U.S. citizens or permanent residents to self-petition for a green card without the abuser’s knowledge or consent. It applies to both men and women.
Can DACA recipients travel outside the U.S.?
DACA recipients cannot travel internationally freely. They must apply for and be granted Advance Parole before leaving the U.S., and travel is only approved for humanitarian, educational, or employment purposes. Leaving without Advance Parole terminates DACA status.
What is a Notice to Appear (NTA)?
A Notice to Appear (NTA) is a formal legal document issued by the U.S. government that initiates deportation (removal) proceedings against an immigrant. It outlines the reasons the government believes you should be deported and orders you to appear before an immigration judge.
Do I need a lawyer for my immigration interview?
You are not legally required to have a lawyer at your USCIS interview, but it is highly recommended. An attorney can prepare you for the questions, ensure your rights are protected, clarify misunderstandings with the officer, and prevent minor issues from resulting in a denial.
How do I check the status of my immigration case?
You can check the status of your USCIS case online using the -character receipt number found on your Form I- Notice of Action. Enter this number into the “Case Status Online” tool on the official USCIS website.
What happens if my green card expires?
If your -year green card expires, you do not lose your permanent resident status, but you must file Form I- to renew it. Without a valid card, you cannot prove your legal right to work or re-enter the U.S. after international travel.
Can I sponsor my sibling for a green card?
Yes, but only if you are a U.S. citizen who is at least years old. Permanent residents cannot sponsor siblings. Be aware that the wait time for sibling petitions (F category) is extremely long, often taking to years depending on the country of origin.
What is a credible fear interview?
A credible fear interview is the first step in the asylum process for individuals detained at the border. An asylum officer asks questions to determine if there is a “significant possibility” that the individual could establish eligibility for asylum due to a well-founded fear of persecution or torture.
Personal Injury FAQs
Can an undocumented immigrant file a personal injury lawsuit?
Yes. In the United States, your immigration status does not prevent you from filing a personal injury lawsuit if you were injured by someone else’s negligence. You have the right to seek compensation for medical bills, pain and suffering, and lost wages.
Will filing an injury claim get me deported?
No. Filing a personal injury claim is a civil matter, not a criminal one. Insurance companies and civil courts do not report plaintiffs to ICE. Your personal injury attorney will protect your privacy and ensure your immigration status is not used against you in court.
Can I get workers’ compensation if I am undocumented?
Yes. In almost all states, undocumented workers are legally entitled to workers’ compensation benefits if they are injured on the job. This covers medical treatment and a portion of your lost wages, regardless of your legal right to work in the U.S.
What should I do immediately after a car accident?
Immediately after a car accident, call to report the crash, take photos of the vehicles and the scene, get the other driver’s insurance information, and seek medical attention right away. Do not admit fault, and contact a personal injury lawyer before speaking to the insurance company.
Do I have to pay a lawyer upfront for a personal injury case?
No. Personal injury lawyers work on a “contingency fee” basis. This means you pay absolutely nothing out of pocket. The lawyer only gets paid a percentage of the settlement or verdict if they win your case. If you lose, you owe the lawyer nothing.
How much is my car accident case worth?
The value of a car accident case depends on the severity of your injuries, the total cost of your medical bills, your lost wages, and the degree of pain and suffering. Cases with permanent injuries or surgeries settle for significantly more than cases with minor soft tissue injuries.
Can I claim lost wages if I am paid in cash?
Yes. Even if you are an undocumented immigrant paid in cash, you can still claim lost wages in a personal injury lawsuit. Your attorney can prove your income using witness testimony, bank deposits, ledgers, or testimony from an economic expert.
What if the driver who hit me doesn’t have insurance?
If the at-fault driver is uninsured, you can file a claim under your own auto insurance policy’s Uninsured Motorist (UM) coverage. This coverage pays for your medical bills and pain and suffering exactly as the other driver’s insurance would have.
Can I sue my employer if I fall from a scaffold or ladder?
If you fall from a scaffold or ladder at a construction site, you can file a workers’ compensation claim. Depending on state labor laws, you may also be able to file a third party personal injury lawsuit against the general contractor or property owner for failing to provide proper safety equipment.
How long do I have to file a personal injury lawsuit?
The time limit to file a personal injury lawsuit is called the statute of limitations. In most states, you have between two to three years from the date of the accident to file a lawsuit. If you miss this deadline, you permanently lose your right to sue.
What if I was partially at fault for the accident?
In most states, you can still recover compensation even if you were partially at fault, under the rule of “comparative negligence.” However, your total compensation will be reduced by your percentage of fault. For example, if you were % at fault, your settlement is reduced by %.
Should I give a recorded statement to the insurance company?
No. You should never give a recorded statement to the other driver’s insurance company without your lawyer present. Insurance adjusters are trained to ask confusing questions designed to make you admit fault or downplay your injuries to reduce your payout.
Can I sue if I was a passenger in my friend’s car during a crash?
Yes. As a passenger, you are almost never at fault for an accident. You can file a personal injury claim against the insurance policy of the driver who caused the crash—whether that is the driver of the other vehicle or your friend who was driving.
What is a “slip and fall” case?
A slip and fall case is a premises liability claim where a person is injured on someone else’s property due to a hazardous condition, such as a wet floor, broken stairs, or icy sidewalks. The injured person must prove the property owner knew or should have known about the danger and failed to fix it.
How long does a personal injury settlement take?
A personal injury settlement can take anywhere from a few months to over a year. It depends on how long it takes you to finish medical treatment, the willingness of the insurance company to offer a fair settlement, and whether a lawsuit must be filed in court.
Family Law FAQs
Will getting a divorce affect my green card or immigration status?
If you have a -year permanent green card, a divorce will not affect your status. If you have a -year conditional green card obtained through marriage, a divorce puts your status at risk. You must file an I- waiver to prove the marriage was real to keep your green card.
Can an undocumented immigrant get divorced in the U.S.?
Yes. U.S. family courts do not require you to have legal immigration status to file for divorce. As long as you meet the residency requirements of the state where you live (usually living there for at least months), you can legally divorce in the U.S.
Does my immigration status affect child custody?
No. Family courts make child custody decisions based solely on the “best interests of the child.” A judge will not deny you custody simply because you are an undocumented immigrant. However, a judge may consider stability, income, and the threat of deportation as factors.
Can I get child support if the other parent is deported?
Yes, the legal obligation to pay child support continues even if a parent is deported. However, enforcing the child support order becomes extremely difficult across international borders, though the U.S. does have reciprocal child support agreements with some countries.
Do I have to pay alimony if I am undocumented?
Yes. If a judge orders you to pay spousal support (alimony) during a divorce, you are legally required to pay it regardless of your immigration status. Failing to pay courtordered alimony can result in wage garnishment or being held in contempt of court.
Can I leave the country with my child if I share custody?
No. If you share joint custody, you cannot take your child out of the United States without the written, notarized consent of the other parent or a specific court order. Doing so can be charged as international parental kidnapping.
What happens to our property in a divorce if I am undocumented?
Your immigration status does not affect your property rights in a divorce. The court will divide marital assets (homes, cars, bank accounts) equitably between both spouses, just as it would for U.S. citizens.
Can I file for divorce if my spouse lives in another country?
Yes. You can file for divorce in the U.S. even if your spouse lives abroad. You will need to formally serve them with divorce papers according to international service laws, which may require translating the documents and working with foreign authorities.
What is a protective order (restraining order)?
A protective order is a court order that requires an abuser to stay away from you, your home, and your workplace. You can get a protective order regardless of your immigration status. If you are undocumented and a victim of domestic violence, you may also qualify for a U visa or VAWA.
Can an undocumented parent be granted sole custody?
Yes. A family court judge can grant sole legal and physical custody to an undocumented parent if the judge determines that living with that parent is in the best interests of the child, particularly if the U.S. citizen parent is abusive, neglectful, or unfit.
How is child support calculated?
Child support is calculated using state-specific formulas based primarily on the income of both parents and the amount of time the child spends with each parent. Courts also factor in costs for health insurance, daycare, and special needs.
Can I modify a child custody order later?
Yes. You can petition the family court to modify a child custody order if there has been a “substantial change in circumstances” since the original order was issued, such as a parent relocating, losing a job, or if the child’s needs have significantly changed.
What is the difference between legal and physical custody?
Physical custody refers to where the child lives on a day-to-day basis. Legal custody refers to the right to make major decisions about the child’s upbringing, including education, religion, and medical care. Parents often share joint legal custody even if one parent has primary physical custody.
Do I need a lawyer to get a divorce?
You are not legally required to have a lawyer to file for divorce, but it is highly recommended, especially if there are disputes over child custody, significant assets, or if domestic violence is involved. Mistakes in divorce paperwork can have permanent financial and legal consequences.
Can I establish paternity if the father is undocumented?
Yes. You can file a paternity lawsuit to legally establish the father of your child regardless of his immigration status. Once paternity is established, the court can issue orders for child support and visitation rights.