Question 1

How long does the asylum process take?

Accepted Answer

The asylum timeline varies significantly. After filing your application (Form I-589), you can expect: initial receipt notice within 2-3 weeks, asylum interview typically 6-12 months after filing (though delays are common), and a decision can take anywhere from a few weeks to several years depending on your case complexity, location, and current USCIS backlog. During this time, you may be eligible to apply for work authorization 150 days after filing.

Question 2

Can I work while my asylum case is pending?

Accepted Answer

Yes, you can apply for an Employment Authorization Document (EAD) 150 days after filing your asylum application, as long as your case is still pending and was not filed frivolously. Once approved, your EAD is typically valid for 2 years and can be renewed. However, you cannot work legally until you receive your EAD card.

Question 3

What is the one-year filing deadline for asylum?

Accepted Answer

You must file for asylum within one year of arriving in the United States, unless you can demonstrate changed circumstances that materially affect your eligibility or extraordinary circumstances that prevented timely filing. Examples of extraordinary circumstances include serious illness, mental or physical disability, ineffective assistance of counsel, or maintaining Temporary Protected Status. Missing this deadline can permanently bar you from asylum, so it's critical to consult an attorney immediately.

Question 4

What happens if my asylum application is denied?

Accepted Answer

If USCIS denies your asylum application, you may be placed in removal proceedings before an immigration judge. This gives you another opportunity to present your case. If the judge also denies asylum, you can appeal to the Board of Immigration Appeals (BIA) and potentially to federal court. Throughout this process, you should have legal representation to maximize your chances of success.

Question 5

How long does it take to get a green card through family?

Accepted Answer

Processing times vary greatly depending on your relationship to the U.S. citizen or permanent resident petitioning for you. Immediate relatives of U.S. citizens (spouses, unmarried children under 21, parents) have no visa wait time, but total processing takes 12-24 months. Other family categories face visa backlogs ranging from 1-2 years (unmarried adult children of citizens) to 20+ years (siblings of citizens). Processing includes petition approval, visa availability, and adjustment of status or consular processing.

Question 6

Can my spouse work while waiting for a green card?

Accepted Answer

If your spouse is in the United States and has filed for adjustment of status (Form I-485), they can apply for an Employment Authorization Document (EAD) at the same time. EADs are typically approved within 3-6 months and allow work authorization while the green card is pending. If your spouse is outside the U.S. waiting for consular processing, they cannot work in the U.S. until they receive their immigrant visa and enter the country.

Question 7

What if I entered the U.S. illegally - can I still get a green card through my spouse?

Accepted Answer

If you are married to a U.S. citizen and entered without inspection or visa, you may still be eligible to adjust status in the United States under INA Section 245(i) if you had a qualifying petition or labor certification filed before April 30, 2001. Otherwise, you may need to pursue consular processing, which triggers 3- or 10-year bars for unlawful presence. However, if married to a U.S. citizen, you may qualify for a provisional waiver (I-601A) before leaving. This area is complex - consult an attorney before proceeding.

Question 8

Can I petition for my parents if I'm a U.S. citizen?

Accepted Answer

Yes, U.S. citizens who are 21 or older can petition for their parents (biological or adoptive) to receive green cards. This is considered an immediate relative petition with no visa backlog. The process typically takes 12-18 months and requires proving the parent-child relationship, financial sponsorship (Form I-864), and that your parent is admissible to the U.S. If your parent is in the U.S., they may adjust status; if abroad, they will go through consular processing.

Question 9

When can I apply for U.S. citizenship?

Accepted Answer

Generally, you can apply for naturalization after being a lawful permanent resident (green card holder) for 5 years. If you obtained your green card through marriage to a U.S. citizen and are still married and living together, you can apply after 3 years. You must also meet continuous residence requirements (physically present in the U.S. for at least half the time), demonstrate good moral character, pass English and civics tests (with some exceptions), and take an oath of allegiance.

Question 10

What happens at the citizenship interview?

Accepted Answer

At your naturalization interview, a USCIS officer will review your N-400 application, test your English language skills (reading, writing, speaking), and administer the civics test (10 questions from a list of 100 about U.S. history and government - you must answer 6 correctly). The officer will also review your eligibility, moral character, and attachment to constitutional principles. The interview typically lasts 20-30 minutes. If approved, you'll receive a ceremony date to take the Oath of Allegiance and become a U.S. citizen.

Question 11

Can I travel outside the U.S. while my citizenship application is pending?

Accepted Answer

Yes, you can travel outside the United States while your N-400 naturalization application is pending. However, be aware that extended absences (more than 6 months) may disrupt your continuous residence requirement and could complicate your case. Always carry your green card when traveling internationally and return to the U.S. well before your interview date. If you miss your interview, you may need to reschedule, which can delay your case.

Question 12

Do I need to speak English to become a U.S. citizen?

Accepted Answer

Most applicants must demonstrate basic English proficiency (ability to speak, read, and write simple English). However, exemptions exist: if you're 50+ years old and have been a green card holder for 20+ years, or 55+ with 15+ years as a permanent resident, you can take the civics test in your native language. If you're 65+ and have been a permanent resident for 20+ years, you qualify for a simplified civics test in your language. Medical disability waivers (Form N-648) are also available for those unable to meet requirements due to physical or mental impairment.

Question 13

What should I do if ICE arrests me or a family member?

Accepted Answer

If arrested by ICE: (1) Exercise your right to remain silent - do not answer questions or sign anything without an attorney; (2) Ask to speak with a lawyer immediately; (3) Do not lie about your immigration status or provide false documents; (4) Ask for a bond hearing if you're detained; (5) Contact family members to help find legal representation. Keep an attorney's contact information with you at all times. If a family member is arrested, try to get their Alien Registration Number (A-number) and location to help an attorney locate them in the system.

Question 14

Can I be deported if I have a green card?

Accepted Answer

Yes, lawful permanent residents can be deported for certain violations including: criminal convictions (especially aggravated felonies, crimes of moral turpitude, drug offenses, domestic violence), immigration fraud, abandonment of residence, or security violations. However, you have the right to a hearing before an immigration judge and may be eligible for relief from removal such as cancellation of removal, waivers, or asylum. Long-term residents with strong ties to the U.S. and family here have better chances of avoiding deportation.

Question 15

What is cancellation of removal and who qualifies?

Accepted Answer

Cancellation of removal is a form of relief that allows certain individuals in deportation proceedings to obtain lawful permanent resident status. For non-permanent residents, you must prove: (1) continuous physical presence in the U.S. for 10+ years; (2) good moral character during that time; (3) no disqualifying criminal convictions; and (4) that your removal would cause exceptional and extremely unusual hardship to your U.S. citizen or permanent resident spouse, parent, or child. Permanent residents have different requirements with a 7-year presence requirement.

Question 16

Can I come back to the U.S. after being deported?

Accepted Answer

Returning to the U.S. after deportation is extremely difficult. You face a 10-year bar (or 20-year bar for second deportations, or permanent bar for aggravated felons). To return legally, you must: (1) wait out the time bar; (2) apply for permission to reapply (Form I-212); (3) obtain a visa or status; and (4) demonstrate you're admissible and the reasons for removal no longer exist. Illegally reentering after deportation is a federal crime punishable by up to 20 years in prison. Always consult an attorney before attempting to return.

Question 17

How do I get a work permit in the United States?

Accepted Answer

Work permits (Employment Authorization Documents or EADs) are available to certain immigrants including: asylum applicants (150 days after filing), adjustment of status applicants, DACA recipients, certain visa holders' spouses (H-4, L-2, E), refugees, those with pending I-130 petitions (in some cases), and individuals with Temporary Protected Status. You must file Form I-765 with supporting documents. Processing times vary from 3-8 months depending on your category and location. EADs are typically valid for 1-2 years and must be renewed.

Question 18

What happens if my work permit expires?

Accepted Answer

If your EAD expires, you can no longer legally work in the U.S. You should file for renewal 120-180 days before expiration. If USCIS doesn't adjudicate your renewal before expiration, you may qualify for an automatic 180-day extension if you filed timely (this applies to certain categories). Your employer should accept the expired EAD plus the I-797C receipt notice as proof of continued authorization. Do not let your EAD lapse without filing for renewal - gaps in work authorization can cause serious problems.

Question 19

Can my employer sponsor me for a green card?

Accepted Answer

Yes, U.S. employers can sponsor foreign workers for permanent residence through employment-based immigration. The process typically involves: (1) Labor Certification (PERM) where the employer proves no qualified U.S. workers are available; (2) filing an immigrant petition (Form I-140); and (3) adjustment of status or consular processing. The timeline ranges from 1-6+ years depending on your country of birth and category (EB-1, EB-2, EB-3). You must maintain lawful status throughout the process.

Question 20

How much does an immigration lawyer cost?

Accepted Answer

Immigration attorney fees vary based on case complexity. Simple cases like green card renewals or work permits may cost $1,000-$2,500. Family-based green card cases typically range from $3,000-$7,000. Asylum cases often cost $5,000-$15,000. Deportation defense can range from $5,000-$20,000 or more. Many attorneys offer payment plans. During your consultation, we'll provide a clear fee structure for your specific case. Remember, quality legal representation can make the difference between success and deportation.

Question 21

Do I need a lawyer for my immigration case?

Accepted Answer

While not legally required, having an immigration attorney dramatically increases your chances of success. Immigration law is extremely complex with frequent changes. Attorneys help you: understand your options, avoid costly mistakes, prepare strong applications with proper evidence, navigate complex procedures, communicate with USCIS/immigration courts, and represent you at interviews and hearings. For removal proceedings, asylum cases, complex family situations, or criminal issues, legal representation is strongly recommended.

Question 22

What documents do I need for my immigration case?

Accepted Answer

Required documents vary by case type but commonly include: valid passport and travel documents, birth certificates, marriage/divorce certificates, police certificates, medical examination results, financial documents (tax returns, bank statements, pay stubs), proof of relationship (photos, correspondence, joint accounts), education/employment records, and any previous immigration documents. We'll provide a comprehensive checklist during your consultation specific to your case type.

Question 23

Can I check the status of my immigration case?

Accepted Answer

Yes, you can check your case status online through USCIS at egov.uscis.gov/casestatus using your receipt number (found on USCIS notices). For immigration court cases, check online at https://acis.eoir.justice.gov/en/ using your A-number. You can also call USCIS at 1-800-375-5283. Our office also monitors your case status and will contact you about any updates or required actions. Set up a USCIS online account at myuscis.gov for additional case management features.

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