Frequently Asked Questions
Immigration law presents a complex framework of regulations that can feel confusing for many individuals and families. The processes for obtaining visas, residency, or citizenship involve strict requirements and deadlines that demand careful attention to detail. De Mott, Curtright & Armendáriz, LLP addresses frequently asked questions to clarify the system and provide a starting point for your immigration journey.
What are the primary ways to obtain a green card?
- The 3 primary methods for obtaining lawful permanent residency are through employment, family relationships or humanitarian relief. Employment-based petitions usually require a specific job offer, while family-based petitions rely on a qualifying relationship with a U.S. citizen or permanent resident. Humanitarian options include asylum for those fearing persecution in their home countries.
What is the difference between an immigrant and a nonimmigrant visa?
- A non-immigrant visa grants temporary authorization to enter the United States for a specific purpose such as tourism, study, or temporary work. In contrast, an immigrant visa allows a foreign national to live and work in the U.S. indefinitely. Obtaining an immigrant visa is the step that typically precedes receiving a green card.
How can I become a U.S. citizen?
- The most common path to citizenship is naturalization, which generally requires an applicant to be at least 18 years old and a lawful permanent resident for 5 years. Spouses of U.S. citizens may apply after 3 years if they meet specific marital union requirements. Applicants must also demonstrate good moral character and pass English and civics examinations.
Which family members can U.S. citizens and permanent residents sponsor?
- U.S. citizens possess the right to petition for their spouses, children, parents, and siblings. Lawful permanent residents have a more limited scope and may only sponsor their spouses and unmarried children. The processing times for these petitions vary significantly based on the relationship category and the beneficiary’s country of origin.
What is consular processing versus Adjustment of Status?
- Consular processing takes place at a U.S. embassy or consulate abroad and is the standard procedure for individuals currently outside the United States. Adjustment of Status allows eligible foreign nationals already present in the U.S. to apply for lawful permanent resident status without returning to their home country. Eligibility for adjustment depends heavily on lawful entry and current immigration status.
What should I do if I receive a Notice to Appear (NTA)?
- A Notice to Appear signals the initiation of removal proceedings against a foreign national in immigration court. Receiving this notice means the government intends to deport the recipient, citing specific reasons for removability. Seek legal representation immediately to review the allegations and determine a defense strategy.
What are my options when facing deportation?
- Individuals facing deportation may have several forms of relief available depending on their specific circumstances and history in the United States. Common defenses include applications for asylum, cancellation of removal for long-term residents, or adjustment of status through a family petition. A qualified attorney can evaluate which defense offers the strongest chance of success.
How can an immigration lawyer help me with my case?
- An immigration attorney provides essential guidance by preparing accurate petitions and representing clients during interviews or court hearings. Legal counsel identifies potential obstacles early in the process and develops strategies to overcome inadmissibility issues or complex legal hurdles. Their involvement minimizes errors that often lead to costly delays or case denials.
How do I know whether I need a visa or a green card?
- A visa is an entry document placed in a passport that allows a person to travel to a U.S. port of entry to request permission to enter. A green card provides official documentation of an individual’s status as a lawful permanent resident and permits the holder to live and work anywhere in the country. While a visa gets you to the border, a green card represents your long-term status within the interior.
FREQUENTLY ASKED QUESTIONS
How Can I Determine Which Visa Option Is Right for Me?
- Selecting the appropriate visa requires a careful analysis of your specific goals, family situation, and educational or professional plans. Consulting with a qualified attorney is the most effective method to identify the pathway that aligns with your circumstances.
What Is Federal Immigration Litigation?
- Federal immigration litigation involves legal proceedings initiated in federal district courts to address grievances related to immigration enforcement and administration. These cases often seek remedies for unlawful actions, such as challenging the length or conditions of detention or seeking damages for tortious conduct by government agents. It is distinct from administrative proceedings and provides a venue to hold government agencies accountable under federal law.
How Can an Attorney Assist Me with Employment-Based Immigration Processes?
- An attorney provides essential support by managing the complex laws surrounding visa petitions and compliance requirements. They assist with preparing and filing necessary documentation and provide representation in immigration court if removal or deportation proceedings occur.
What Is Immigration Criminal Defense?
- This specific area of law focuses on providing legal representation to immigrants who are facing criminal charges. It addresses both the defense against the criminal accusation and the management of any potential negative impact on the individual’s immigration status. The goal is to resolve the criminal matter in a way that preserves the client’s ability to remain in the country.
Client Reviews
Support When It Matters Most
Kiran
Hello I want to thanks Angelica Zamora & Monica for making my Non- Immigration Visa Processing cum Immigration Journey very pleasant, without any errors or hassles. My family and I trust you completely and the immigration-related decisions which take for us were really fruitful. Thanks once again. Kiranveer Kaur
Bernice
Where can I begin , when you first search for an attorney in hopes to fulfill a long life dream of becoming a permanent resident, it is crucial to make sure you do your research and consult with the correct firm. Monica Saenz is my husbands attorney and I am more than grateful to have…
Ryam
Amy, Noemi, and the team at De Mott, Curtright & Armendáriz were excellent to work with. They were knowledgeable, responsive, and guided us through a complicated immigration process with professionalism and attention to detail. We always felt well-informed and supported, and their advice was instrumental in achieving a successful outcome. We are very grateful for…
Nikola
I cannot thank DMCA enough for helping me through one of the most stressful periods of my life. After receiving a USCIS Notice of Intent to Deny (NOID) on my Adjustment of Status case, I consulted with multiple immigration attorneys. The overwhelming feedback I received was that my case faced significant challenges and that I…
Yuridia
We are very happy with everything they did for us! Monica Saenz was always there to help us with everything no matter what it was! Very responsive and on top of things throughout all of our process. Husband had his interview this month and everything went smoothly and he was approved! It definitely does matter…
Ana
Great team! Thank you Noemí and Kendra for always answering my questions. Always giving enough information to my concerns! Thank y’all! They are a great legal team.
Tom
Everything you could hope for from an Immigration Attorney! Linda and Eleni were excellent on helping me through the process. Amy Thomas was incredible with her support. She took the time to explain and really went above and beyond to help me understand each stage of the process. Very responsive and helpful! Highly recommend!
Norma
Quiero tomarme el tiempo para recomendar esta firma de abogados muy profesionales el abogado Justin Tullius hizo un excelente trabajo en mi caso a demás que siempre se mostró muy humano y con mucha empatía com migo y mi familia por qué tuve un caso difícil y también quiero mencionar a su asistente Enrique Contreras…
Lupita
Yo Maria Antonia Licea Sanchez y Mi Familia, le damos gracias DMCA especialmente a Emma Farmer y mi abogada Monica Saenz por su gran trabajo y esfuerzo que hicieron mi proceso mas fácil y gracias a ellos hoy salgo de las sombras. Se los recomiendo al 100%, Siempre atentos cuando tenemos preguntas nos dan la…
Angie M.
They have been great the entire process!! Just wanted to update my review and thank y’all again for everything!!! The process takes time, but it’s definitely worth it, and I appreciate the way you always took time to answer all my questions and guide us through the process!!
