Frequently Asked Immigration Law Questions

We practice immigration law only. Our work covers family-based immigration, including I-130 petitions, marriage-based cases, and fiance visas; consular processing; waivers of inadmissibility; removal defense in immigration court, including clients detained at the Aurora GEO facility; habeas corpus and mandamus in federal court; asylum; DACA; U visas for crime victims; VAWA self-petitions; temporary protected status (TPS); and naturalization and citizenship.

We do not handle employment-based or student visas. If that is what you need, we would rather tell you at the outset than take your case and learn it later.

Because immigration is the only thing we do, every case in our office is an immigration case. We do not divide our attention between practice areas.

Not every immigration matter requires a lawyer. Some straightforward applications can be filed on your own.

But immigration law is unforgiving of mistakes. A form filed in the wrong category, a missed deadline, or an answer given without understanding its consequences can cost you eligibility for years, and in some cases permanently. If you are in removal proceedings, if you have any criminal history at all, if you have been denied before, or if you have ever been out of status, you should speak with a lawyer before filing anything.

If you are in removal proceedings, you have the right to be represented by a lawyer, but the government does not provide one for you. You must arrange for your own representation.

A consultation is $100. If you pay in advance, the fee is $80.

In that meeting we review your history, tell you what options we see, and tell you honestly if we do not think you need a lawyer or if your case is outside what we handle.

Be cautious of any office that quotes a price for your case before understanding your history. The right filing for your situation, and its cost, cannot be known until someone has actually reviewed your circumstances.

Yes. We offer interest-free payment plans for most cases, and we build them individually rather than from a fixed schedule.

What a plan looks like depends on the type of case, how much work it will take, what filing fees the government charges, and what timeline your case is on. A case with a filing deadline next month is structured differently from one that will take two years.

We will tell you the full cost of your case in writing before you decide anything, and we will tell you what a payment plan for that amount would look like. If the plan we can offer does not work for you, it is better for both of us to know that at the beginning.

A Notice to Appear, often called an NTA, is the charging document that begins removal proceedings against you in immigration court. It states what the government believes about your immigration status and why it believes you can be removed from the United States.

Receiving an NTA is serious, but it is not the end of your case. It is the beginning of a court process in which you may be able to apply for relief that allows you to stay.

Do not ignore it. If you fail to appear at your hearing, the judge can order you removed in your absence, without hearing anything you have to say. Bring the NTA and every document you received with it to a consultation as soon as you can.

Most cases involve two kinds of hearings. The first is a master calendar hearing, which is usually short. The judge confirms who you are, you or your attorney respond to the charges, and the court sets deadlines and future dates.

The second is an individual hearing, sometimes called a merits hearing. This is where your case is actually decided. You may testify, witnesses may be called, and documents are presented in support of whatever relief you are seeking.

Immigration court is a different system from criminal or state court, with its own rules and its own judges. Preparation between hearings matters as much as what happens in the courtroom.

In many cases, yes. United States citizens and lawful permanent residents can file a petition, usually Form I-130, for certain qualifying relatives.

Which relatives qualify, and how long the process takes, depends on your status and the relationship. Spouses, parents, and unmarried minor children of United States citizens are treated as immediate relatives and do not wait for a visa to become available. Other categories, including relatives of permanent residents and adult or married children, fall into preference categories with waiting lines that can be long.

A petition establishes the relationship. It is not by itself permission to live or work here, and the second half of the process, whether that is adjustment of status or consular processing, has its own requirements.

It depends primarily on how you entered the United States and whether you are here now.

If you entered lawfully and are in the United States, you may be able to apply for adjustment of status without leaving. If you entered without inspection, or if you are outside the country, the path usually runs through a consulate abroad and may require a waiver first.

One thing that surprises many couples: if your marriage is less than two years old when residence is approved, you receive conditional residence, and you must file to remove those conditions before it expires. Missing that filing can put your status at risk.

Marriage-based cases also involve an interview about the relationship. Preparation for it matters.

A fiance visa, often called a K-1, allows a United States citizen to bring a fiance to the United States in order to marry.

You must marry within 90 days of your fiance's entry, and then file for adjustment of status. The 90-day deadline is firm.

Whether a fiance visa or a marriage-based petition is the better route depends on where you both are, how long you are willing to wait, and your individual circumstances. We can walk through both.

Consular processing is applying for an immigrant visa at a United States consulate or embassy abroad, rather than adjusting status inside the country.

It is the path for people who are outside the United States, and sometimes the required path for people who are here but not eligible to adjust.

It carries real risk that needs to be understood before anyone leaves. Departing the United States can trigger bars on returning, depending on how long you were here without status. This is one of the most common and most costly mistakes we see. Do not leave the country to attend an interview without knowing whether you can come back.

Certain things in a person's history make them inadmissible, meaning the government will not grant the immigration benefit unless the problem is waived. Common examples include time spent in the United States without status, some criminal convictions, and prior misrepresentation.

A waiver asks the government to forgive that ground. Many waivers require showing that a qualifying United States citizen or permanent resident relative would suffer extreme hardship if you were not allowed to stay or return. That is a demanding standard, and these cases are built on evidence rather than assertion.

Whether you need a waiver, and which one, is a question to answer before filing anything else, because it shapes the entire strategy.

Asylum is protection for people who fear persecution in their home country because of race, religion, nationality, political opinion, or membership in a particular social group.

There is generally a deadline of one year from your arrival in the United States to apply, though exceptions exist for changed or extraordinary circumstances. Applications can be filed affirmatively with immigration authorities or defensively as relief in immigration court.

Asylum cases turn on credibility, detail, and corroborating evidence. What happened to you matters, and so does how clearly and consistently it can be documented and told.

A U visa is for victims of certain crimes who suffered substantial physical or mental abuse and who have been helpful to law enforcement in the investigation or prosecution.

It requires a certification signed by a law enforcement agency, prosecutor, judge, or other qualifying official confirming that helpfulness. Obtaining that certification is often the hardest part of the case.

There is a long backlog for U visas. Applicants may wait years, though some receive work authorization while waiting. If you were the victim of a crime, do not assume it is too late or that reporting it late disqualifies you.

Please bring the police report to your consultation. Only certain criminal activity qualifies for a U visa, and whether yours does depends on what was actually investigated and charged rather than what the incident was called at the time. We need to read the report itself before we can tell you whether your case fits. If you do not have a copy, come anyway and we will discuss how to request one.

VAWA allows certain people who have been abused by a United States citizen or permanent resident spouse, parent, or adult child to file for themselves, without the abuser's knowledge, participation, or consent.

Yes, men can apply. Despite the name, VAWA protection is not limited by gender.

The process is confidential by law. Your abuser is not notified and is not asked to sign anything. If you are staying in a dangerous situation because you believe your immigration status depends on that person, this is a conversation worth having.

DACA has been the subject of ongoing litigation for years, and what is available has changed more than once, particularly regarding new applications versus renewals.

Because the situation continues to shift, we will not state a rule here that may be out of date by the time you read it. If you have DACA, are considering renewal, or think you may qualify, call and we will tell you where things currently stand.

If you currently have DACA, do not let it lapse while you wait to see what happens.

Adjustment of status is the process of becoming a lawful permanent resident, a green card holder, without leaving the United States.

Not everyone qualifies. Eligibility generally depends on how you entered the country, whether an immigrant visa is available to you, your family relationship, and your immigration and criminal history.

Whether adjustment is available to you, or whether another path fits your situation better, is exactly the kind of question a consultation is meant to answer.

Becoming a citizen through naturalization generally requires that you have been a lawful permanent resident for a required period, that you have maintained continuous residence and physical presence in the United States, that you demonstrate good moral character, and that you pass English and civics tests. Some applicants qualify for exceptions to the testing requirements based on age or disability.

Requirements and processing change over time. Before you file, it is worth confirming that you meet the current requirements, particularly if you have spent long periods outside the country or have any arrest history, even for something that was dismissed.

One caution: applying for citizenship puts your entire immigration history back in front of the government. If there is anything complicated in your past, have it reviewed before you file.

Sometimes. Employment authorization is not automatic and it is not available in every case. It depends on the specific category you are applying under and where your case stands.

Some applicants can request work authorization at the same time they file their main application. Others must wait a set period, and some categories do not allow it at all. We can tell you which situation applies to you.

Honestly, it depends, and any lawyer who gives you a firm date without knowing your case is guessing.

Timing depends on the type of case, which government agency handles it, which office or court is assigned, and factors entirely outside anyone's control. Government processing times shift, sometimes significantly, and immigration court calendars can extend years out.

What we can do is tell you what the current timelines look like for a case like yours, and keep you informed as your case moves.

In many Latin American countries, a notario publico is a trained attorney with significant legal authority. In the United States, a notary public is not a lawyer and cannot give legal advice.

This difference has cost families a great deal. People who are not licensed attorneys sometimes charge substantial fees to prepare immigration paperwork, file the wrong applications, or file applications that expose a person to removal. When something goes wrong, they cannot appear in immigration court and often cannot be found.

Only a licensed attorney or a representative accredited by the Department of Justice may give you legal advice about your immigration case. You are entitled to ask anyone offering to help you whether they are a licensed attorney, and to verify it.

Yes. We serve clients in English and Spanish, and we have done so since the firm opened.

Spanish-language communication in our office is handled by our in-house Spanish-speaking paralegals and interpreters, who work with you from the first phone call through the end of your case. This is deliberate. In immigration matters the exact words matter, and we would rather use a trained interpreter than rely on approximate or conversational Spanish, because an imprecise translation can change the meaning of an answer that ends up in a government filing or in testimony.

You will not be asked to explain your case in English, and you will not need to bring a family member or a friend to translate for you.

Bring whatever you have. Even if your documents are incomplete or disorganized, they help.

Useful items include passports and any identity documents for you and your family members, any papers you have received from immigration authorities or an immigration court, prior applications you or anyone else filed on your behalf, and complete records of any arrest or criminal case, including cases that were dismissed or that you were told did not count.

If you do not have some of these, come anyway. Part of our work is figuring out what is missing and how to obtain it.

Our office is at 450 Main St, Longmont, CO 80501, and we are open Monday through Friday, 9:00 a.m. to 5:00 p.m.

We serve clients throughout Boulder County, the Denver metro area, all of Colorado, and abroad. Call (303) 417-6370 to schedule a consultation.