Frecuently Asked Questions
Immigration
How long does the immigration process take?
Clients are often concerned about the timeline for processing various applications. The answer depends on the specific application and immigration process. The processing times can vary greatly. USCIS provides a tool to where you can check the estimated processing time USCIS will take to process particular applications. The tool can be found at: https://egov.uscis.gov/processing-times/
How can I check the status of a case I have filed?
When a case is filed with USCIS you will receive a “Receipt Notice” on form I-797C Notice of Action. In the upper left side of the Receipt Notice will be the “Receipt Number.” You can enter that number in the USCIS Case Status Online page to check the last processing that occurred on the case. You can find the USCIS Case Status Online at: https://egov.uscis.gov/
I have a case that was filed, and I am waiting for an Immigrant Visa (Green Card) to be available. How can I check when it will be available?
By referring to the Family Based and Employment Based section of this website you can determine which “preference category” your case falls within. Then on you Receipt Notice you will see the “Priority Date” which is your place in line. With that information you can check the Visa Bulletin at: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html. The charts show the priority date that USCIS is currently processing as well as he priority date for filing the final part of the case.
Can I travel while my immigration case is pending ?
The ability to travel outside the U.S. will an application is being processed depends upon the type of application filed and the status of the person who is the beneficiary of the application. Often people who are waiting for approval of their application for the Green Card want or need to travel outside the U.S. to visit family or resolve other matters. In those cases, the person must obtain permission from USCIS before travelling otherwise if they travel their case will be considered abandoned. Others such as those who hold TPS, Asylum and DACA status must also get permission before they travel.
What is the public charge rule, and how does it affect my immigration application?
Some applications require that the person asking for the Green Card demonstrate that they will not become a public charge. IN a Family Based case, the person sponsoring the person must file an Affidavit of Support demonstrating that they earn enough money or have sufficient resources to support the person. The sponsor must show 125% of the Federal Poverty Guideline which can be found at: https://www.uscis.gov/i-864p. If the sponsor meet this amount, another person may also join the case as a joint sponsor. The joint sponsor’s income or assets are not added to the sponsor’s income or assets, but the joint sponsor must meet the Poverty Guidelines independent of the sponsor.
What about visa/immigration consultants and person who are a notary public?
In the United States, visa/immigration consultants and notaries public are not authorized to assist with immigration applications unless they are also licensed attorneys or accredited representatives by the Department of Justice (DOJ). In many Latin American and European countries, a “notario público” is a highly trained legal professional. However, in the U.S., a notary public’s role is limited to witnessing signatures and verifying identities. Assisting with immigration forms or providing legal advice without being an attorney or accredited representative is considered the unauthorized practice of law, which is illegal in all states.
Many of our clients have experienced serious problems after first having used an immigration consultant or notary public. Our advice is to always consult with a licensed attorney who practices in the complex field of immigration law.
What happens if my Green Card has expired, is lost or stolen?
If your green card ahs expired, don’t worry. You do not have to reapply to get a green card, but simply have to apply to renew it. If your Green Card is lost or is stolen you must make a police report and include it with an application to replace the green card. An immigration attorney can assist you with both issues.
