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?
A person generally must file Form I-589 within one year after the date of the person’s last arrival in the United States. Exceptions may apply based on changed circumstances or extraordinary circumstances, but an exception is not automatic and filing delays still must be reasonable. Because the filing date and proof of entry can be decisive, anyone approaching or past the one-year mark should obtain individualized advice promptly.
Can I get a green card if I entered the United States without inspection?
Possibly, but entering without inspection can limit adjustment of status inside the United States. The answer depends on the person’s family or employment category, immigration history, prior petitions, possible protection under INA section 245(i), parole, humanitarian relief, waivers, and other facts. Consular processing can trigger unlawful presence or other consequences. A person should not leave the United States or assume that a waiver is available without a case-specific legal review.
What happens if I stay after my authorized period expires?
A person may begin accruing unlawful presence after the authorized period expires, although the calculation depends on age, admission documents, status, pending applications, and other circumstances. Departing after more than 180 days of unlawful presence can trigger a three-year bar, and departing after one year or more can trigger a ten-year bar, subject to exceptions. Some immediate relatives who were inspected and admitted or paroled may be able to adjust status despite an overstay. Marriage does not simply “erase” every immigration violation.
What should I do with my immigration-court case if I move?
A person must continue attending every scheduled immigration-court hearing unless the court changes the hearing or venue. The person should promptly update the address using the current EOIR procedure and separately update USCIS or ICE when applicable. A motion to change venue is not granted automatically. Until the immigration judge grants it, the person must follow the existing hearing notice and court instructions.
Can I work while my asylum application is pending?
Some asylum applicants may request an Employment Authorization Document after the waiting period required by current law and USCIS rules. Eligibility depends on the asylum filing date, the asylum employment-authorization clock, applicant-caused delays, the correct filing category, and other facts. Filing an asylum application does not itself authorize employment, and filing an EAD application does not guarantee approval.
What is U nonimmigrant status, and who may qualify?
U nonimmigrant status may be available to certain victims of qualifying criminal activity who suffered substantial physical or mental abuse and possess information that is helpful to law enforcement or another qualifying authority. A properly completed law-enforcement certification is generally required. Approval is not automatic, annual limits and waiting procedures may apply, and eligibility depends on the crime, cooperation, admissibility, and supporting evidence.
Can I travel while my adjustment-of-status application is pending?
Leaving the United States while Form I-485 is pending can cause the application to be treated as abandoned unless the person has valid advance parole or qualifies for a specific exception. Advance parole does not guarantee readmission and may not eliminate risks created by unlawful presence, removal orders, inadmissibility, or prior immigration violations. A person should obtain individualized advice before making travel plans.
When may a permanent resident apply for U.S. citizenship?
Many lawful permanent residents may apply after five years. Certain applicants who have lived in marital union with the same U.S.-citizen spouse may qualify under a three-year rule. Continuous residence, physical presence, good moral character, English and civics requirements, taxes, selective-service issues, travel, and other factors still matter. Some applicants may file up to 90 days before completing the residence period, but early filing does not waive any eligibility requirement.
What should I do if ICE officers come to my home?
Stay calm, do not provide false information, and do not open the door merely because officers identify themselves as ICE. Ask to see the warrant without opening the door. A judicial warrant signed by a judge is different from an ICE administrative warrant. A person generally has the right to remain silent and should not sign documents without understanding them. Emergency circumstances and the exact document matter, so this general information cannot replace advice about a specific encounter.
Can a U.S. citizen petition for undocumented parents?
A U.S. citizen who is at least 21 may file immigrant petitions for qualifying parents. Whether a parent can obtain permanent residence inside the United States depends on the manner of entry, immigration history, admissibility, prior orders, and possible exceptions. A parent who must use consular processing may face unlawful-presence or other bars. Filing a petition does not provide lawful status by itself, and a waiver is not automatically available.
What is cancellation of removal for a person who is not a permanent resident?
Nonpermanent-resident cancellation of removal is a discretionary defense available only in immigration court. A person generally must prove at least ten years of continuous physical presence, good moral character during the required period, no disqualifying offenses, and exceptional and extremely unusual hardship to a qualifying U.S.-citizen or permanent-resident spouse, parent, or child. The stop-time rule, criminal history, prior proceedings, and available annual numbers can affect eligibility. Meeting the minimum requirements does not guarantee relief.
Can a DUI affect an immigration case?
It can. A DUI does not have one automatic immigration consequence in every case. The result depends on the criminal statute, alcohol or controlled-substance issues, injury, children in the vehicle, license status, the sentence, prior offenses, and the immigration benefit or defense involved. A DUI may affect detention, discretion, or good-moral-character findings even when it is not itself a deportable offense. Noncitizens should obtain coordinated criminal and immigration advice before entering a plea.
What is VAWA self-petitioning, and whom can it help?
The Violence Against Women Act allows certain abused spouses and children of U.S. citizens or permanent residents, and certain abused parents of adult U.S. citizens, to self-petition without relying on the abusive relative. The law applies regardless of gender. Eligibility depends on the qualifying relationship, abuse or extreme cruelty, residence and good-faith-marriage requirements where applicable, good moral character, and other evidence. VAWA confidentiality protections are important, but approval is not automatic.
Can a DACA recipient travel outside the United States?
A DACA recipient should not leave the United States without first obtaining advance parole under the rules and policies in effect at that time. Advance parole has traditionally been limited to qualifying humanitarian, educational, or employment purposes. Approval does not guarantee reentry and travel can create serious risks based on prior removal orders, unlawful presence, criminal history, or other facts. Because DACA and travel policies are subject to litigation and change, current guidance must be checked before departure.
What is a Notice to Appear?
A Notice to Appear, commonly called an NTA, is a charging document that lists factual allegations and the immigration-law grounds under which the Department of Homeland Security believes a person may be removable. Removal proceedings generally begin when the NTA is filed with the immigration court. The first document may not contain the final hearing date, so the person must monitor official EOIR information, keep the address current, and attend every scheduled hearing.
May an attorney attend my USCIS interview?
Applicants generally may be represented by an attorney or accredited representative after the proper appearance form is filed. Counsel can review the application, prepare the applicant, identify documentary or legal issues, attend the interview, and help address misunderstandings. The applicant must still answer factual questions personally and truthfully. Whether representation is especially important depends on the case history, prior filings, arrests, inconsistencies, waivers, and the benefit requested.
How can I check the status of my immigration case?
For many USCIS applications, use the receipt number on Form I-797 with USCIS Case Status Online. Immigration-court cases use separate EOIR systems and the information on the hearing notice. Department of State and consular matters may use other portals. Online systems can be delayed or incomplete, so a person should also read every mailed or electronic notice and comply with the stated deadline.
What happens if my green card expires?
Expiration of a standard ten-year card generally does not by itself terminate lawful permanent resident status, but an expired card can make employment verification, travel, and proof of status more difficult. A person with a ten-year card generally uses Form I-90 to replace or renew it. A two-year conditional resident usually must use Form I-751 or Form I-829, not Form I-90, to remove conditions. Abandonment, removal orders, or other issues require separate analysis.
Can a U.S. citizen petition for a sibling?
A U.S. citizen who is at least 21 may file a petition for a qualifying brother or sister. Lawful permanent residents cannot petition for siblings. Approval of the petition does not mean an immigrant visa is immediately available. The family fourth-preference category has substantial backlogs, and the wait depends on the priority date, country of chargeability, and the Department of State Visa Bulletin. Any time estimate should be based on the current bulletin rather than a fixed number of years.
What is a credible-fear interview?
A credible-fear interview is a screening used in certain expedited-removal cases to decide whether a person may pursue protection claims in a fuller process. It is not an asylum approval. The applicable standard, review procedures, detention posture, and access to consultation can depend on current law and policy. A person should tell the truth, explain any communication or trauma-related difficulty, request an interpreter when needed, and seek legal consultation as early as possible.
Personal Injury FAQs
Can an undocumented immigrant pursue a personal-injury claim in New York?
Immigration status does not automatically prevent a person from pursuing a New York civil claim for injuries caused by another person’s negligence. The available damages and evidence can depend on the accident, medical proof, employment history, work authorization, and other facts. A claimant should not provide false information or documents and should ask counsel how immigration information may be handled in the case.
Will filing an injury claim automatically cause deportation proceedings?
A personal-injury claim is a civil matter and does not itself decide a person’s immigration status or automatically provide immigration protection. No lawyer should promise that immigration information can never arise in litigation, discovery, public records, insurance communications, or another government interaction. A noncitizen with immigration concerns should have the injury lawyer coordinate with qualified immigration counsel before sensitive information is disclosed.
Can an undocumented worker receive workers’ compensation after a job injury in New York?
Undocumented workers in New York can generally qualify for workers’ compensation benefits when they are covered employees injured in the course of employment. Coverage, notice, filing deadlines, wage benefits, medical treatment, employment classification, and possible third-party claims remain fact-specific. Immigration status should not be concealed through false statements, and workers should obtain advice before signing employer or insurer documents they do not understand.
Can an undocumented worker claim lost earnings if paid in cash?
A cash-paid or undocumented worker may be able to seek lost earnings, but the claim is not automatic. The court or insurer may examine proof of work, income, taxes, employment authorization, credibility, and the effect of immigration law on the claimed loss. Useful evidence may include lawful business records, bank deposits, tax filings, schedules, messages, and testimony. A claimant must not create or alter records and should obtain coordinated injury and immigration advice.
Can an undocumented construction worker pursue compensation after a scaffold or ladder fall?
Possibly. A New York construction worker may have a workers’ compensation claim and, depending on who controlled the site and how the accident occurred, may also have a claim against a property owner, general contractor, or another responsible party. Immigration status does not automatically eliminate every claim, but it can affect evidence and damages issues. Deadlines can be short, so injury and immigration consequences should be reviewed promptly and together.
Family Law FAQs
Will divorce affect my green card or immigration status?
Divorce does not automatically terminate a standard ten-year green card, although a prior marriage-based filing can still be reviewed for fraud or eligibility issues. A person with two-year conditional residence generally must file Form I-751 jointly or qualify for an individual waiver based on divorce, abuse or extreme cruelty, extreme hardship, or another permitted ground. Timing, proof of a good-faith marriage, prior statements, and pending proceedings matter.
Can an undocumented immigrant obtain a divorce in New York?
Immigration status does not automatically prevent a person from filing for divorce in a New York court. The person must still satisfy New York residency, notice, jurisdiction, and procedural requirements. Filing for divorce does not create lawful immigration status. Because divorce documents and testimony can affect a marriage-based immigration case, VAWA matter, I-751 waiver, or fraud allegation, the family-law and immigration strategies should be coordinated.
Does immigration status affect child-custody decisions?
Immigration status alone does not automatically disqualify a parent from custody. New York courts focus on the child’s best interests. The practical effects of detention, removal proceedings, international travel, caregiving arrangements, safety, stability, and the ability to comply with court orders may still become relevant. A parent facing immigration enforcement should consider a lawful caregiving and document plan without making false statements or violating an existing order.
What happens to a child-support order if a parent is detained or removed from the United States?
Immigration detention or removal does not automatically cancel a child-support order. The obligated parent generally must seek a lawful modification if income or circumstances change; ignoring the order can create arrears. International enforcement depends on the country, applicable agreements, location of assets or income, and the terms of the order. Family and immigration counsel should coordinate before a hearing, departure, or removal when possible.
Does undocumented status eliminate a right to receive or an obligation to pay spousal support?
Immigration status does not automatically eliminate eligibility for, or an obligation to pay, court-ordered spousal support. New York courts apply the governing support rules and consider income and other statutory factors. Employment authorization, actual earnings, access to records, sponsorship obligations, and possible immigration consequences can complicate the analysis. A person should not stop paying an existing order without obtaining a modification.
Does immigration status affect property rights in a New York divorce?
Immigration status does not automatically remove a spouse’s rights in a New York divorce. The court considers whether property is marital or separate and applies New York equitable-distribution rules. Title, source of funds, transfers abroad, financial disclosure, tax records, and enforceability can matter. Property division does not itself provide immigration status, and statements made in the divorce should be consistent with truthful immigration filings.
Can an immigrant obtain an order of protection, and could abuse support a VAWA or U-visa case?
A person does not need lawful immigration status merely to seek available protection from abuse, but the correct New York court and eligibility for an order depend on the relationship and facts. An order of protection does not automatically grant immigration status. Abuse by a qualifying U.S.-citizen or permanent-resident relative may support a VAWA self-petition, and certain qualifying crimes plus helpfulness to law enforcement may support U nonimmigrant status. Each form of relief has separate requirements.
Can an undocumented parent receive sole custody?
An undocumented parent may be awarded sole or joint custody if the New York court determines that the arrangement serves the child’s best interests. Immigration status is not an automatic bar, and citizenship does not create an automatic preference. The court may still consider safety, caregiving history, stability, compliance with orders, relocation, detention risks, and a practical plan for the child. The result depends on the specific evidence.
Can parentage be established if a parent is undocumented?
Immigration status does not automatically prevent a New York court from determining legal parentage. A parentage order can affect custody, visitation, child support, inheritance, and documentation. It does not automatically create immigration status for the parent or child. Because admissions about relationships, residence, support, or identity can intersect with immigration filings, the two matters should be reviewed together.
Can a New York Family Court order help a child pursue Special Immigrant Juvenile classification?
It may. A qualifying state court can issue a custody, guardianship, dependency, or similar order containing findings relevant to Special Immigrant Juvenile classification, including that reunification with one or both parents is not viable because of abuse, neglect, abandonment, or a similar basis under state law, and that return to the relevant country is not in the child’s best interest. The exact court, age jurisdiction, requested findings, notice, and evidence matter. The state court does not grant immigration status; USCIS decides the federal petition.
Does a custody or guardianship order automatically grant Special Immigrant Juvenile status or a green card?
No. A qualifying state-court order is one part of a federal immigration process. The child generally must separately file a Special Immigrant Juvenile petition with USCIS and, if eligible and a visa is available, complete the adjustment-of-status process. Approval is not automatic. Age, dependency or custody jurisdiction, parental-reunification findings, best-interest findings, consent, admissibility, filing deadlines, and visa availability can all matter.
Can divorce from an abusive spouse affect a VAWA self-petition?
Divorce does not necessarily eliminate possible VAWA eligibility. In some cases, a former spouse may still self-petition if the divorce occurred within the period allowed by law and the required connection between the divorce and abuse can be shown. The qualifying relationship, abuser’s status, good-faith marriage, shared residence, abuse or extreme cruelty, good moral character, timing, and prior filings all require review. A person should not remain in danger merely to preserve an immigration case.