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FREQUENTLY ASKED QUESTIONS (FAQ)

 

1) How can I get a work permit?

Under certain immigration relief, you can obtain a work permit while your application is pending with immigration. If you qualify for a work permit, our attorneys will inform you how you can apply.

 

2) My son/daughter turned 21, can he/she petition me for my residency?

Your child turning 21 years old does not guarantee that he/she can petition you, you have to meet certain immigration requirements to be petitioned by your son/daughter. It is recommended to schedule an appointment with an immigration lawyer to analyze your case in detail.

 

3) I saw Attorney Franco on television, is it the same to speak with another lawyer?

All of our lawyers are immigration experts and can answer any questions you have about your case.

 

4) How much does an immigration consultation with a lawyer cost?

The consultation with Attorney Delia Franco has a cost of $100.00 dollars and our associate attorneys have a cost of $50.00 dollars but if you pay your consultation before the day of your appointment we will give you a 50% discount.

 

5) Do I have to bring documents to my first immigration consultation with the lawyer?

If you have immigration documents that you would like the lawyer to review, you may bring them to your consultation; however, it is not necessary.

 

6) How much does an immigration case cost? 

Attorneys must evaluate the case during the consultation to determine possible relief and price.

 

7) What type of immigration cases do you take? 

Investigations, Employment Authorization Document (EAD), EOIR (Representation in Immigration Court), Consular Process, U-Certification, U-Visa, Asylum, BIA, Residency/Green Card, Naturalization/Citizenship, Family Petitions, Adjustment of Status, Detained Cases.

 

8) Who can petition an immigrant? Does this affect the price?

Attorneys must evaluate the case during a consultation to determine possible relief.

 

9) Which detention centers do you visit if hired and what is the cost of travel? 

Attorneys must evaluate the case during the consultation to determine possible relief and price. We travel all over the United States and California.

 

10) How many test questions will they ask me at my naturalization interview? 

During the interview, applicants will be asked in English up to 10 test questions from a list of 100 common citizenship interview questions. To pass the civics test in English, you must answer six of the 10 questions correctly.

 

11) Do I need a joint-sponsor for my family petition?

If the petitioning sponsor does not meet the income requirements, a joint sponsor who can meet the requirements may submit a form I-864 to sponsor all or some of the family members of the intending immigrant. Just like the sponsor, the joint-sponsor must be a

(1) citizen or national of the US or a permanent resident,

(2) at least 18 years of age; and

(3) domiciled in the US.

 

12) What crimes qualify for a U Visa?

  • Abduction
  • Abusive Sexual Contact
  • Blackmail
  • Domestic Violence
  • Extortion
  • False Imprisonment
  • Female Genital Mutilation
  • Felonious Assault
  • Fraud in Foreign Labor Contracting
  • Hostage
  • Incest
  • Involuntary Servitude
  • Kidnapping
  • Manslaughter
  • Murder
  • Obstruction of Justice
  • Peonage
  • Perjury
  • Prostitution
  • Rape
  • Sexual Assault
  • Sexual Exploitation
  • Slave Trade
  • Stalking
  • Torture
  • Trafficking
  • Witness Tampering
  • Unlawful Criminal Restraint
  • Other Related Crimes*†

*Includes any similar activity where the elements of the crime are substantially similar.

†Also includes attempt, conspiracy, or solicitation to commit any of the above

 

13) What is a conditional permanent resident?

A conditional permanent resident receives a Green Card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the condition during the 90 days before the card expires. The conditional card cannot be renewed.

 

14) What is a K-1 visa? 

A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry or depart the United States.

 

15) How can a criminal record affect my immigration case?

Generally, a criminal record can have adverse affects on your immigration case or status, including your green card eligibility. This includes convictions of minor crimes, like driving under the influence. A criminal conviction may trigger the United States Citizenship and Immigration Services to deny an application, to refer your case to immigration court or to detain an individual. Additionally, there are certain crimes that make an individual inadmissible or deportable, with some exceptions.

The degree of severity a criminal offense can have on your immigration case or status depends on the type of crime, the sentence you served, how long ago it was, and where the offense was committed.

Interpreting the impact a criminal offense can have on your immigration case or status is a complex area of immigration law. It is advisable that you seek immigration advice regarding your criminal charges with a reputable immigration attorney in order to investigate whether an immigration case for residency or naturalization is advisable.

 

16) What is DACA and can I still get it?

Deferred Action for Childhood Arrivals (DACA) is an administrative relief from deportation, which protects eligible immigrant youth who came to the United States when they were children. DACA also provides its recipients with a work permit.

DACA does not mean that someone has lawful “status” in the United States. Instead, USCIS defines deferred action as “an exercise of prosecutorial discretion…not to pursue the removal of an individual from the United States for a specific period.” DACA is not permanent, and it expires after two years. DACA recipients must renew their deferred action, along with their work permit, every two years.

Currently, USCIS is only accepting requests to renew a grant of deferred action under DACA. Unfortunately, at this time, USCIS is NOT accepting initial DACA requests from individuals who have never before been granted deferred action under DACA.

 

17) What can I do if my immigration case is denied?

If your immigration case is denied, do not fret—there might still be hope. In order to assess whether something can be done to remedy a denial, an immigration attorney must first determine what kind of immigration case you have, why the case was denied, when it was denied, whether there is new evidence you can now submit, and whether there are any new and changed circumstances.

If the United States and Immigration Services (USCIS) denied your immigration case, you may have the ability to appeal the negative decision. An appeal is essentially a request to have your negative decision reviewed. The denial notice should contain information about whether the decision may be appealed and where the appeal should be filed.

If you have a deportation order, you may also be able to remedy your immigration case by filing a motion to reopen or reconsider. Talk to an immigration lawyer to discuss your options and if any of these motions would be of benefit to your specific case.

If an unfavorable decision was reached in immigration court, you may also challenge this outcome by filing an appeal with the Board of Immigration Appeals (BIA), the highest administrative court that reviews immigration court decisions. Please keep in mind that subject to certain exceptions, an appeal to the BIA must be filed within 30 days of the immigration judge’s ruling.

If the BIA renders a negative outcome, you may file a petition for review to obtain a federal court review. This petition is typically filed within 30 days of the most recent decision on the immigration case. At this stage, the federal circuit court will issue a briefing schedule.

If you are subject to a final order of deportation, you may request a stay, which is when you ask the Department of Homeland Security (DHS) to refrain from removing you from the United States. This stay can be filed with ICE, the BIA, or a Federal Court.

 

18) What do I do if ICE officers come to my door/house?

If ICE officials show up at your door, remember that you have constitutional rights.

  • Do not open your door!
  • Remember to ask to see a warrant, and have ICE slip it under the door.
  • If ICE does not have a warrant, they cannot enter your home.

 

19) What happens if ICE does have a warrant?

  • Make sure that a judge, not an immigration officer, signs the warrant and that it states your name.
  • Please also make sure that the warrant states specifically the place to be searched and the items to be seized.
  • ICE rarely obtains a warrant to arrest people in their homes or on the street, but sometimes they use administrative warrants—which are not sufficient!

 

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