Expert answers to your most important immigration law questions
An immigration attorney is a licensed lawyer (Juris Doctor degree, bar admission, and state license). They have the full authority to provide legal advice, represent you in immigration court, and sign immigration forms as your representative. An immigration consultant (also called a 'notario' or 'immigration specialist') is NOT a lawyer and CANNOT legally provide immigration advice or represent you in court in most states. Unauthorized practice of immigration law is a crime in most states. Never pay a non-attorney for immigration legal advice.
For very straightforward cases (a US citizen filing for an immediate relative spouse with no complications), some people navigate successfully without an attorney. However, the risk of mistakes — which can cause years of delay, denial, or worse — is high. For any case involving: prior immigration violations, criminal history, prior removal orders, asylum, deportation defense, or employment immigration — attorney representation is essential, not optional. An immigration attorney consultation ($100–$350/hour) before filing anything is almost always worth the cost.
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Find a ContractorUSCIS publishes current processing times by form and field office at uscis.gov/processing-times. Enter your form number and select the office processing your case. Note that these are median times — 50% of cases are processed faster, 50% slower. For pending cases, use the USCIS online case status checker with your receipt number (starts with EAC, WAC, LIN, SRC, IOE, or MSC). If your case is significantly outside the normal processing window, consult an attorney about filing a case inquiry or mandamus lawsuit.
A Request for Evidence is a USCIS notice that your application is missing information or documentation needed to make a decision. You typically have 87 days to respond — do not miss this deadline, as cases are denied for non-response. Read the RFE very carefully: USCIS specifies exactly what evidence they need. Respond with organized, well-documented evidence that directly addresses each point. For most RFEs, working with an immigration attorney on the response substantially increases the chance of approval.
Non-immigrant visas are temporary — issued for a specific purpose and duration (tourism, work, study) with the expectation of departure. Examples: B-1/B-2 (visitor), F-1 (student), H-1B (specialty worker), L-1 (intracompany transfer). Immigrant visas lead to lawful permanent residence (green card) — you intend to live in the US permanently. The distinction matters for intent: applying for a non-immigrant visa while having clear intent to immigrate ('immigrant intent') can result in denial and inadmissibility findings.
Biometrics appointments collect your fingerprints, photograph, and signature for FBI background check and identity verification. You'll receive an appointment notice specifying time and location (a USCIS Application Support Center). Bring the notice plus a valid government photo ID. The appointment typically takes 15–30 minutes. You cannot usually reschedule, but you can bring documentation of a genuine emergency for rescheduling. Missing your biometrics appointment can cause your case to be considered abandoned.
A priority date is the date your immigration petition was filed — it determines your place in the immigration queue for categories with annual numerical limits. The State Department Visa Bulletin, published monthly, shows which priority dates are 'current' (meaning a visa is available). When your priority date becomes current, you can move forward with your green card application. The Visa Bulletin has two charts — use the 'Dates for Filing' (if USCIS accepts it) or 'Final Action Dates' chart per USCIS's monthly announcement. For immigrants from high-demand countries (India, China, Philippines, Mexico), backlogs can stretch for decades.
Advance parole is a travel document that allows certain non-citizens with pending adjustment of status applications to leave and re-enter the US without abandoning their pending application. If you have a pending I-485 (adjustment of status) and travel internationally without advance parole, USCIS may consider your I-485 abandoned. Apply for advance parole on Form I-131 simultaneously with your I-485. Do not travel outside the US with a pending I-485 without advance parole — even if you have a valid visa — without consulting an immigration attorney.
The public charge rule is used to determine whether an applicant is likely to become primarily dependent on the government for support. For green card applicants, this involves review of factors including: financial resources, employment history, income, health, age, and education. Sponsors file Form I-864 (Affidavit of Support) — a legally binding obligation to financially support the immigrant at 125% of the poverty line. Receiving certain means-tested benefits can affect admissibility for intending immigrants.
Unlawful entry (entering without inspection) creates significant immigration consequences, but doesn't necessarily bar all immigration benefits permanently. Individuals who unlawfully entered may still qualify for: asylum (if they meet the legal standard), protection under VAWA (for victims of domestic violence), U visas (for crime victims), and in some cases, green cards through qualifying family members with proper waivers. However, unlawful presence bars are complex — consulting an immigration attorney is essential before filing anything. Each situation is fact-specific.
Do not pay anyone who is not a licensed attorney (or OLAP-accredited representative) for immigration advice. Beware of 'notarios' who may be respected in their community but are not legally authorized to provide immigration services in the US. Verify any attorney's license on your state bar's public directory. Never sign blank forms or forms with incorrect information. Keep copies of everything you file or submit. Report suspected immigration fraud to your state attorney general's office, the FTC, or USCIS at uscis.gov/report-immigration-scam.