Frequently Asked Questions
How do I get a work permit?
In order to be eligible for a work permit, you must have a pending application with immigration, the United States Citizenship and Immigration Services (USCIS) or be reporting to Immigration and Custom Enforcement (ICE) or have a pending application with the immigration court, have a visa to work in the United States, or in the process a family adjustment, inside the US, or approved for a U visa, and for asylum seekers, their application must be pending for 150 days to apply, and 180 days to be approved. Most work permits arrive 4 to 6 months after application is submitted.
Can my 21 year old son or daughter who is a citizen petition for me?
Yes, but only under certain circumstances, if it is an adjustment of status and a person has had another application filed for them prior to April 30, 2001, or entered the United States legally on a visa or granted a legal entry from TPS or parole in place, or they can be petitioned and go through the consular process but you will need a qualifying relative to adjust status in their home country, using a I601A waiver. A spouse who is a legal permanent resident or citizen will qualify to waive unlawful presence or parent as well that is a citizen or legal permanent resident.
I am the victim of a crime, can I get a green card?
Yes, if he or she is the victim of a qualifying crime, like domestic violence, robbery, assault, and you either help the prosecution or law enforcement with the case providing information that aids them in prosecuting the perpetrator. The first step is to get a certification from law enforcement or a district attorney.
My spouse passed away in the middle of our process, can I still obtain legal permanent residency?
The application is still valid but converts into a widower petition and under certain criteria you can complete the process. The bottom line is proving that you and your spouse had a good faith bona fide marriage.
How do I become a citizen?
My child is in the military, can they help me become legal with parole in place?
Am I eligible for a fee waiver?
I am afraid to return to my country, what do I do?
How do I get my immigration file?
I have someone detained, how do I get a bond?
Are they any pardons or waivers for my crimes or my unlawful presence?
Can I still apply for the dream act (daca)?
How do I get Temporary Protected Status(TPS) ? DO I have to renew my TPS?
What is consular processing?
It is adjusting your status to a lawful permanent resident that occurs outside the United States. When you enter illegally, you can still get a green card with a waiver for the unlawful presence but when the waiver is approved and the interview is scheduled, you must go to the embassy in your home country, which typically takes about a month
What is humanitarian parole?
How do I get my fingerprints checked?
I missed my court date, what do I do?
How do I appeal?
What is a request for evidence?
What if I don’t speak English, can I have an interpreter?
Yes, the Immigration court will provide an interpreter but for any appointment with USCIS, you must bring your own interpreter.
How do I get a social security number?
Social security cards now come automatically when you receive a work permit.
How do I get a driver’s license?
As an undocumented person, you are entitled to go the DMW and apply for a license but keep in mind that the DMW shares your personal information like your address with the federal government and if you have ever been arrested, it does pose a risk to being picked up by ICE.
Can I get medical benefits if I am illegal?
Emergency Medicaid is something you can apply for but frowned upon under this presidential administration and could jeopardize relief.
What are FAMU cases?
In order to limit the immigration backlog of cases, the Department of Justice now requires Immigration Judges to complete all FAMU cases within 365 days or less.
The family unity group of cases are families that have entered the United States within the last 2 years. They are now a priority to complete before any other type of case. Other immigration cases will take a back seat so FAMU cases can be assigned trial dates as soon as possible.
The end result is that these families have less time to prepare their case. This policy was intentionally enacted as a deterrent to get families to stop showing up at the border with asylum claims.
Our firm will take on your case as one family, one case, no matter how many applicants are included in the claim.
I am no longer married, can I still keep my green card?
Can I get a travel document to travel in and out of the United States?
Can I get a visa to come to work here in United States?
Do you offer payment plans?
How do I win my case?
I was caught at border, can I still apply for relief?
Will my criminal history hurt me?
Your past is a factor to be considered as it’s important to establish good moral character but rehabilitation efforts are valued, like paying taxes, post conviction relief, and a demonstrated period of time to show good conduct.
How do I pay the bond?
What if I entered illegally but I was just a child and my parents brought me?
I picked up a DUI, how does that affect me?
Will having Temporary Protected Status (TPS) allow me to adjust in the United States without having to leave?
Can I expedite my filing?
How do I get a certification for my U visa?
Is a medical exam required to become a resident?
What if I miss an immigration appointment?
How do I qualify to be a sponsor?
Can I reopen my case due to changed circumstances?
Do I have to file taxes if I am undocumented?
Yes, you apply online to get a Temporary Identification Number and file taxes. It’s best to file taxes as it demonstrates good moral character, as does owing property, like a house or a car.
Can I still get a green card if I accept aid like welfare?
Receiving any type of aid can bar you from becoming a legal permanent resident.
What is a stay of deportation?
The government will not remove you with a stay in place. You can obtain a stay by filing form I-246 directly with ICE for different lengths of time or when you file an appeal to the Board of Immigration Appeal or a motion to reopen with the immigration court based on lack of notice, an automatic stay is in place for the period of time that it takes to render a decision.
Can ICE pick me up at my house?
Yes, ICE can show up to your home to pick you up but you are not obligated to open the door without a warrant. Be aware of your rights. Under the 5th amendment, you do not have to speak with ICE or answer any questions. You do not have to give them permission to enter your home based on your 4th amendment rights under the United States constitution unless they have a warrant to enter. Typically, ICE agents do not possess a warrant.
Resources & Articles :
The U-Visa serves as a crucial lifeline for undocumented immigrants who are victims of serious crimes. However, the landscape of immigration policies can significantly influence the U-Visa application process and outcomes. In this article, we will explore the impact...
U-Visa Application Step-By-Step Guide The U-Visa is a crucial immigration benefit that provides protection and legal status to undocumented immigrants who are victims of certain crimes in the United States. If you have been a victim of a qualifying crime and wish to...
U-Visa Derivative Status Guide The U-Visa is a crucial immigration benefit that offers protection and legal status to victims of certain crimes who assist law enforcement. Additionally, qualifying family members of U-Visa recipients may also be eligible for derivative...