FAQs for U.S. Immigration Law

General Questions

Q: What is US immigration?

A: US immigration refers to the process by which individuals from other countries come to live permanently in the United States. This involves obtaining the necessary immigration visa, adjusting immigration status, and potentially applying for a green card.

Q: Who are illegal immigrants? 

A: The term is offensive and derogatory and should not be used to describe individuals who do not have immigration status in the United States.  When people describe “illegal immigrants”, they generally refer to those individuals who enter or remain in the United States without the proper legal authorization. This can occur through unauthorized entry or overstaying a visa.  The proper term to describe these individuals are “undocumented individuals” or “individuals without status”.

Q: What is an immigration status?

A: Immigration status is the legal classification that determines an individual's rights and responsibilities in the United States. It can range from lawful permanent resident (green card holder) to temporary visa holder to undocumented individuals.

Q: What is USCIS and what role does it play in US immigration?

A: USCIS (United States Citizenship and Immigration Services) is the federal agency responsible for overseeing lawful immigration to the United States. They process immigration forms, conduct interviews, and provide immigration services such as naturalization and adjustment of status.

Q: How can NYC immigrants and immigrants around the US access immigration services? 

A: NYC immigrants can access immigration services through local community organizations and attorneys. They can also visit USCIS offices located in NYC for assistance with various immigration forms and applications.

Family-Based Immigration

Q: What is a US family visa? 

A: A US family visa allows US citizens and lawful permanent residents to bring certain family members to the United States. This category includes visas for spouses, children, parents, and siblings.

Q: How do I start a family visa application? 

A: To start a family visa application, a US citizen or lawful permanent resident must file an immigration form called Form I-130 (Petition for Alien Relative) with USCIS. Supporting documentation proving the family relationship must be included.

Q: What is a family visa? 

A: A family visa is a type of immigration visa that permits family members of US citizens or lawful permanent residents to immigrate to the United States. These visas are issued under family-based immigration categories.

Q: What is the processing time for a family visa application? 

A: The processing time for a family visa application can vary depending on the type of relationship and the country of origin. It can take anywhere from several months to several years. USCIS provides estimated processing times on their website.

Q: What is a green card?

 A: A green card, officially known as a Permanent Resident Card, is a document issued by the United States Citizenship and Immigration Services (USCIS) that grants an individual lawful permanent resident status in the United States. This status allows the individual to live and work lawfully in the U.S.

Q: What are the benefits of having a green card?   

A: The benefits of having a green card include the right to live and work permanently in the United States, eligibility for Social Security benefits, access to U.S. immigration services, the ability to travel freely in and out of the U.S., and the opportunity to apply for U.S. citizenship after a certain period.

Q: What is the role of an immigration lawyer in obtaining a green card?    

A: An immigration lawyer can assist in obtaining a green card by providing legal advice, helping prepare and submit the necessary immigration forms, gathering supporting documentation, and representing the applicant before USCIS. Lawyers can also help address any issues or challenges that inevitably arise during the application process.

Q: Can new immigrants apply for a green card through family sponsorship? 

A: Yes, new immigrants can apply for a green card through family sponsorship by having their US citizen or lawful permanent resident relative file a petition on their behalf. Upon approval, they can adjust their immigration status to become a lawful permanent resident.

Asylum Law

Q: Who are asylum seekers? 

A: Asylum seekers are individuals who flee their home countries due to persecution, or fear of persecution, based on race, religion, nationality, political opinion, or membership in a particular social group. They seek protection in the U.S.

Q: How do asylum seekers apply for asylum in the USA? 

A: Asylum seekers must file Form I-589 (Application for Asylum and for Withholding of Removal) with USCIS or present themselves at a port of entry to request asylum. They must provide evidence of their persecution and fear of returning to their home country.

Q: What happens after an asylum application is submitted? 

A: After an asylum application is submitted, USCIS will schedule an interview with the asylum seeker. If the asylum application is approved, the individual may remain in the U.S. and eventually apply for a green card. If denied, they may be referred to an immigration judge for removal proceedings.

Q: What is the difference between an asylum seeker and a refugee?

A: An asylum seeker is someone who applies for asylum from within the USA or at a port of entry in the US. A refugee applies for protection while outside of the USA and enters the country through the US refugee admissions program.

Q: Are there any benefits available to asylum seekers while their application is pending?

A: Yes, asylum seekers may be eligible for certain benefits such as work authorization (after 150 days), medical assistance, and social services while their application is pending. Eligibility for these benefits varies by state.

Removal and Deportation Defense

Q: What is removal and deportation defense? 

A: Removal and deportation defense involves legal strategies and actions taken to prevent an individual from being deported from the United States. This can include filing for relief from removal, such as asylum or cancellation of removal.

Q: Can individuals without status seek help from an immigration lawyer for deportation defense? 

A: Yes, individuals without status can seek help from an immigration lawyer for deportation defense. An experienced lawyer can help them understand their options, pursue legal strategies and actions to try and prevent removal and represent them in immigration court.

Q: What are some common defenses against deportation? 

A: While there are defenses against allegations that someone is subject to deportation,  deportation and removal cases will often come down to whether an individual is eligible for relief from removal. Relief from removal includes applying for asylum, cancellation of removal, adjustment of status, and waivers of inadmissibility. Each defense requires specific eligibility criteria and supporting evidence.

Q: How does one apply for cancellation of removal? 

A: To apply for cancellation of removal, an individual must file the appropriate application with the immigration court and demonstrate that they meet the eligibility criteria, such as continuous residence in the US for a certain number of years and good moral character.

Q: What is the role of a post conviction attorney in removal defense? 

A: A post conviction attorney can assist in removal defense by addressing the criminal aspects of a case that may affect immigration status. They can help vacate or reduce convictions, regardless of how long ago the conviction was, to mitigate immigration consequences.

Waivers of Inadmissibility

Q: What are waivers of inadmissibility? 

A: Waivers of inadmissibility allow individuals who are otherwise inadmissible to the United States to be granted entry or legal status. This can include waivers for certain criminal convictions, immigration violations, and health-related issues.

Q: How can NYC immigrants apply for waivers of inadmissibility? 

A: NYC immigrants can apply for waivers of inadmissibility by filing the appropriate immigration form with USCIS, such as Form I-601 (Application for Waiver of Grounds of Inadmissibility). They must provide evidence supporting their eligibility for the waiver.

Q: What types of waivers are available for individuals without status? 

A: Waivers available for individuals without status include waivers for unlawful presence, criminal convictions, fraud or misrepresentation, and certain health-related grounds. Each waiver has specific eligibility requirements. You should contact an experienced immigration attorney to understand the eligibility requirements.

Q: What is the process for obtaining a waiver of inadmissibility? 

A: The process involves filing the appropriate waiver application with USCIS, providing supporting documentation, and demonstrating that the applicant meets the eligibility criteria. In some cases, a personal interview may be required.

Q: Can an immigration lawyer help with waivers of inadmissibility? 

A: Yes, an immigration lawyer can help with waivers of inadmissibility by advising the client on eligibility, preparing the application, gathering supporting evidence, and representing the applicant before USCIS.

Crimmigration

Q: What is crimmigration? 

A: Crimmigration refers to the intersection of criminal law and immigration law. It refers to non-citizens who face criminal charges or have previously been convicted and the potential consequences of being involved in the criminal justice system.

Q: Can a criminal conviction lead to deportation?    

A: Yes, certain criminal convictions can lead to deportation from the United States. Crimes such as aggravated felonies, crimes involving moral turpitude, drug offenses, and certain firearm offenses can result in removal proceedings. An experienced immigration attorney is absolutely necessary for a non-citizen facing deportation because of a criminal conviction.

Q: How does a criminal conviction impact the ability to obtain a green card?    

A: A criminal conviction can impact an individual's ability to obtain a green card by making them inadmissible to the United States. Crimes involving moral turpitude, drug trafficking, and multiple criminal convictions can bar someone from receiving a green card. Waivers of inadmissibility may be available through USCIS, but they often require strong evidence and legal assistance.

Q: What are aggravated felonies and how do they affect immigration status?    

A: Aggravated felonies are serious crimes that have severe immigration consequences under US immigration law. These can include offenses such as murder, rape, drug trafficking, and certain theft or fraud crimes with a sentence of at least one year. Conviction of an aggravated felony can lead to deportation and permanently bar an individual from re-entering the U.S.

Q: How can a post conviction attorney assist with immigration issues?    

A: A post conviction attorney can assist by seeking to vacate, reduce, or expunge a criminal conviction, which can mitigate its impact on an individual's immigration status. They may file a petition for post conviction relief to challenge the validity of the conviction, potentially helping the individual avoid deportation or improve their chances of obtaining or maintaining lawful status.

Q: What does post conviction relief mean in the context of immigration?    

A: Post conviction relief refers to legal procedures that allow individuals to challenge or potentially overturn their criminal convictions. This can be crucial for immigrants, as it may prevent deportation and remove barriers to obtaining an immigration visa, green card, or other immigration benefits. Post conviction relief examples include vacating a conviction due to legal errors reducing a felony to a misdemeanor, or changing the crime of conviction

Q: How do crimes involving moral turpitude affect immigration status?    

A: Crimes involving moral turpitude (CIMTs) are offenses that involve dishonesty or immoral conduct, such as theft, fraud, or assault. Conviction of a CIMT can lead to inadmissibility, deportation, and other negative immigration consequences. The specific impact depends on factors such as the severity of the crime and the individual's immigration status. An immigration lawyer can provide guidance on how to address CIMT-related issues.

Q: Can criminal convictions affect eligibility for asylum in the USA?    

A: Yes, certain criminal convictions can affect eligibility for asylum in the USA. Individuals convicted of particularly serious crimes or aggravated felonies are generally barred from obtaining asylum. Asylum seekers with a criminal record should consult with an immigration lawyer to understand how their convictions may impact their asylum case.

Q: Are there any defenses against deportation for those with criminal convictions?    

A: Yes, there are several defenses against deportation for those with criminal convictions, including applying for cancellation of removal, asylum, or waivers of inadmissibility. Each defense requires specific eligibility criteria and supporting evidence. An immigration lawyer can help determine the best defense strategy based on the individual’s circumstances.

Q: What is a petition for post conviction relief?    

A: A petition for post conviction relief is a legal request filed by an individual seeking to overturn or modify their criminal conviction. This can be crucial for mitigating the immigration consequences of a conviction, such as preventing deportation or allowing for the adjustment of immigration status. A post conviction attorney typically handles this process.

Q: How can NYC immigrants access resources for post conviction relief?    

A: NYC immigrants can access resources for post conviction relief through local immigration services, and post conviction attorneys. These resources can provide assistance with filing petitions for post conviction relief and navigating the intersection of criminal and immigration law.

Q: What impact can a criminal conviction have on a family visa application?    

A: A criminal conviction can impact a family visa application by making the applicant, or their sponsor, inadmissible to the U.S. Crimes involving moral turpitude or aggravated felonies can complicate or prevent the approval of a US family visa. Seeking legal advice from an immigration lawyer is essential to address these issues effectively.