FAQ

Frequently Asked Questions

Have questions about your immigration situation? Below are answers to the most common questions we receive. If you don't find what you're looking for, contact us directly — we're happy to help.

Do I need a lawyer to file my immigration case?

You are not legally required to have an attorney, but immigration law is complex, and mistakes can cause serious delays or permanent bars on future applications. A lawyer helps you identify the right strategy, avoid common errors, and respond effectively if complications arise.

How do I know which visa or immigration path is right for me?

That depends on your personal circumstances — your nationality, family ties, employment, and immigration history all play a role. The best first step is a consultation where we assess your situation and identify the most viable options.

Do you offer consultations in French or Arabic?

Yes. The firm provides consultations and representation in English, French, and Arabic.

How long does the immigration process typically take?

It varies significantly by case type. Family-based green cards can take anywhere from several months to several years. Asylum cases can take months to years depending on the backlog. E-2 visas are often processed faster. We give you realistic timelines during your consultation based on current processing data.

What happens if my case has already been denied?

A denial is not always the end. Depending on the type of case, you may be able to appeal, file a motion to reopen or reconsider, pursue federal litigation, or apply through a different pathway. We regularly handle complex cases where previous filings were unsuccessful.

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Can I apply for immigration benefits if I overstayed my visa?

Possibly, yes — but it depends on your specific situation. Some overstays trigger bars on reentry or adjustment of status, while others do not. There are also waivers available in certain cases. This is exactly the type of question where individual legal advice matters.

What is the difference between a green card and a visa?

A visa is temporary authorization to enter or remain in the United States for a specific purpose — work, study, family, and so on. A green card, formally called lawful permanent residence, allows you to live and work in the U.S. indefinitely and is a step toward citizenship.

Do you handle cases outside of New York?

Immigration law is federal, which means we can represent clients across the United States in many matters, including federal court filings, USCIS applications, and consular processing abroad. Contact us to discuss your specific location and situation.

What should I bring to my first consultation?

Bring any immigration documents you have — passports, visas, prior applications, notices from USCIS or immigration courts, and any correspondence from government agencies. The more context we have, the more useful the consultation will be.

What is the difference between a visa and a status?

A visa is a stamp in your passport that allows you to travel to the United States and request entry. Your status is your legal category once you are inside the country. You can be in valid status even after your visa stamp expires — what matters is the expiration date on your I-94, not your visa.

What is an I-94, and why does it matter?

The I-94 is your arrival and departure record, issued electronically when you enter the United States. It shows your authorized period of stay and your immigration status. You can access your current I-94 at the CBP website.

Can I work in the United States on a tourist visa?

No. A B-1/B-2 tourist or business visitor visa does not authorize employment in the United States. Working without authorization is a serious violation that can affect future immigration applications.

What happens if I miss a deadline in my immigration case?

It depends on the type of deadline. Some are strict and missing them can result in automatic denial, termination of status, or a bar on future applications. If you have missed a deadline or are at risk of doing so, contact us as soon as possible.

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What is removal proceedings, and what does it mean for my case?

Removal proceedings are the formal legal process through which the U.S. government seeks to deport someone. They take place in immigration court. Being in removal proceedings does not necessarily mean you will be deported. If you have received a Notice to Appear (NTA), consult an attorney immediately.

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What is the difference between inadmissibility and deportability?

Inadmissibility refers to grounds that prevent someone from entering the U.S. or obtaining certain immigration benefits. Deportability refers to grounds that can result in removal of someone already in the country.

Can I travel internationally while my immigration case is pending?

It depends on your status and the type of application pending. Leaving the U.S. while adjustment of status is pending can result in abandonment of your case unless you obtain advance parole first. Always consult an attorney before booking travel.

What is advance parole, and do I need it?

Advance parole is a travel document that allows certain individuals with pending applications to leave and re-enter the U.S. without abandoning their case. It is typically required for people who have filed for adjustment of status.

What is the difference between asylum and refugee status?

Both provide protection to individuals fleeing persecution, but the process differs. Refugees are approved before entering the U.S. Asylum seekers apply after they are already in the country. The legal standard is similar, but the process and circumstances are very different.

I entered the U.S. without inspection. Do I have any options?

Possibly, though the options depend heavily on your individual situation. Entering without inspection creates certain bars to adjustment of status, but there are exceptions. An assessment of your full immigration history is needed.

A U.S. employer wants to hire me. What are my options?

It depends on your qualifications, the role, and how quickly you need to start. The most common routes are the H-1B for specialty occupation roles, the O-1 for individuals with extraordinary ability or achievement, and employment-based permanent residence sponsored by the employer. Some cases also involve L-1 transfers, TN status, or E-2 arrangements. We assess which categories you plausibly qualify for and what the realistic timeline looks like before anything is filed.

What is the difference between an H-1B and an O-1 visa?

The H-1B is for specialty occupation roles that normally require at least a bachelor's degree in a specific field. It is subject to an annual numerical cap and, for most employers, a lottery.

The O-1 is for individuals who can document extraordinary ability in the sciences, arts, education, business, or athletics, or a record of extraordinary achievement in film and television. It has no annual cap and no lottery, so it can be filed at any point in the year. The evidentiary burden is higher, but for candidates with a strong record it is often the more practical route.

What is the H-1B cap, and does it apply to me?

Congress limits the number of new H-1B petitions each fiscal year, and demand routinely exceeds that limit, so USCIS runs a registration and selection process. Not every petition is subject to it — certain employers, including many universities, affiliated nonprofit research organizations, and government research institutions, are exempt. Whether the cap applies to you depends on the employer, not only the role.

Can I change employers on an H-1B or O-1 visa?

Generally yes, but not informally. The new employer must file a petition on your behalf, and in most H-1B cases you may begin work once that petition is properly filed rather than waiting for approval. O-1 status is tied to the petitioning employer or agent, so a change usually requires a new filing. Do not resign or start a new role before the filing strategy is settled — timing errors here can create gaps in status.

What is PERM, and when is it required?

PERM is the labor certification process through which the Department of Labor confirms that no qualified U.S. worker is available for the position at the appropriate wage. It is required for most EB-2 and EB-3 employment-based green card cases and involves recruitment steps and a prevailing wage determination before the petition is filed. It is not required for EB-1 categories or where a national interest waiver applies.

Can my employer sponsor me for a green card while I am on a temporary visa?

Yes. Many people move from H-1B or O-1 status to permanent residence through employer sponsorship, and the two processes can run in parallel. The sequence and the timing matter, particularly where priority dates, status expiration, or international travel are involved. This is worth planning early rather than close to an expiration date.

How much does immigration legal representation cost?

Legal fees vary depending on the complexity of the case and the type of application. We discuss fees transparently during the consultation so there are no surprises. Government filing fees are separate from attorney fees.

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