Immigration Law FAQs

Immigration Law FAQs

Once I obtain a green card, what do I need in order to obtain citizenship through naturalization?

Once an individual has been granted a green card, and if they wish to obtain U.S. citizenship through the naturalization process, there are certain requirements which must be met. You
must have been physical present in the U.S., as a green card holder, for at least 50% of the time. You must not be away from the U.S. for any more than one year, and ideally less than six months prior to your citizenship application. You must not have committed a serious crime of moral turpitude. You must be able to write and speak English and more. Consult with one of our attorneys in order to get a complete list of the qualifications and requirements.

My visa has expired, what can I do?

If your visa has expired, the first thing you need to do is contact an immigration attorney from our firm. We will sit down with you, review your current status and situation, and then help you determine the best course of action to pursue. Time is of the essence when it comes to expired visas, so we advise you do no delay.

I am in the United States on a temporary visit and wish to obtain a permanent visa, what can I do?

Changing immigration status while in the United States, can be difficult, and there is no guarantee it can be done. If it is possible, and what you will be required to do, vary from person to
person. That is why this kind of question can only be answered after consulting with an experienced immigration attorney. Our attorneys will take the time to review your status and case, analyze the situation at hand, and help you map out the course of action best geared to accomplish your immigration objectives.

What is the Board of Immigration Appeals?

The Board of Immigration Appeals (BIA) is the nation’s highest administrative body for applying immigration laws. It is located in Falls Church, Virginia. The BIA reviews decisions from immigration judges, nationwide, and from the Department of Homeland Security, including United States Citizenship and Immigration Services (USCIS). The BIA rarely conducts in-person hearings and makes most decisions via a “paper review.”

Can a Deportation or Removal Order be Appealed?

Yes. If you lose your case in immigration court, you have 30 days to file an appeal with the Board of Immigration Appeals (BIA). Most appeals usually end here, despite the outcome. If you are not victorious at the BIA level, in certain instances, a further appeal to the U.S. Court of Appeals may be possible. You make seek review with the U.S. Supreme Court (SCOTUS) if the decision with the U.S. Court of Appeals is unfavorable but the chances of SCOTUS reviewing your case are extremely slim.

Will I Have to Appear in Court for My Appeal?

Generally, the Board of Immigration Appeals (BIA) does not conduct courtroom proceedings. It conducts a “paper review” of the case and makes a decision. On the rare occasion that it agrees to hear oral arguments, you should attend, if you are representing yourself. If you have an attorney, you may attend but only your attorney will be allowed to address the Board.

You may attend oral arguments before the U.S. Court of Appeals. If you have an attorney, the attorney will address the court, while you observe. You will not be asked any questions. Self-represented persons act as their own attorney and must adhere to court procedures, make their arguments and answer questions.

Can I be Deported While the Appeal is Pending?

Generally, if you are appealing a negative decision from an immigration judge to the Board of Immigration Appeals (BIA), the removal process is automatically stayed (stopped). The appeal has to be filed within 30 days of the judge’s ruling. However, mistakes do happen and it is not unheard of for someone to be deported while their appeal is pending.

If you lose your case with the BIA, you have 30 days to appeal with the U.S. Court of Appeals. You can be deported during this 30- day window, so it is important that you file your appeal quickly. You will have to file a “stay of removal” while your appeal is pending with the U.S. Court of Appeals, to be safe from deportation while you wait. However, filing a “stay of removal” is risky as it could prompt the government to arrest you and keep you detained while waiting for the decision. If you lose, this allows a quick deportation process, as you are already in custody.

What If I Lose My Appeal with the Board of Immigration Appeals (BIA)?

In most circumstances, that case is over and you are to depart the United States or Immigration and Customs Enforcement (ICE) agents will begin the deportation process. In the exceptional event that you are able to take your case to the Federal Court of Appeals, you will need a stay of the removal order for you to remain in the United States, while the appeal is pending.

Can I Appeal a Decision from USCIS?

Yes. If an I-130 Petition for Alien Relative was denied, you may file an appeal with the USCIS office that denied your case. If you lose there, you may further appeal this decision with the Board of Immigration Appeals (BIA).

You cannot appeal a denial of an I-485 Application for Adjustment of Status. You may file a motion to reopen or reconsider with USCIS and if USCIS does not give you a favorable outcome, your case is sent to the Administrative Appeals Office (AAO) for a final review.

You may also file a new I-485 application and pay the filing fees.

If your U.S. Naturalization Application is denied, you may file an appeal with the local USCIS office.

Who Cannot Apply for Asylum?

Anyone who has:

  • Persecuted others;
  • Engaged in terrorist acts;
  • Been convicted of certain serious crime in the United States;
  • Committed certain serious non-political crimes outside the United States;
  • Been denied asylum in the past;
  • Resettled in a third country;
  • Been offered asylum in a third country; or
  • Been or will be a danger to U.S. national security

Other options such as Withholding of Removal (WOR) or relief under the Convention Against Torture (CAT) may be available for those who are ineligible to apply for asylum.

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