Frequently Asked Questions - Immigration Law

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I would like to talk to a USCIS representative about my case. What is their phone number?

USCIS Contact Center can be reached at 800-375-5283. 

I received a Request for Evidence. Does this mean that USCIS is going to deny my case?

Absolutely not. If your case was not pending further consideration, then you have received a Notice of Intent to Deny or Decision. A Request for Evidence means that the immigration officer needs additional information or documentation. If you are feeling overwhelmed or confused, then feel free to schedule a complementary appointment with my office to examine the Request for Evidence and discuss the best course of action on how to proceed. 

I moved. Do you need to update my address with USCIS?

Yes. USCIS requires immigration petitioners and applicants to update their address within 10 days. You can file either an online or paper Form AR-11, Change of Address Card. 

How much are the government's filing fees for USCIS paperwork?

USCIS recently implemented a Fee Calculator to help customers determine the appropriate fees. The Fee Calculator is located on their website.  

What is the government's processing time for USCIS paperwork?

USCIS calculates the estimated processing time and provides that information on their website. The Check Case Processing Times tool is located on their website.

Do I need to hire an immigration attorney?

The U.S. immigration laws do not require an appearance of an attorney to apply for immigration benefits. You're permitted to submit your immigration forms and paperwork on your own. An immigration attorney can help you understand the rules, regulations, and procedures that are applicable to your situation.  

I lost my permanent residence card. What should I do?

Conduct a reasonable search. If you are sure that the card is lost, then call the local sheriff's office non-emergency number and make a report stating that the permanent resident card was lost. Next, prepare a USCIS Form I-90, Application to Replace Permanent Residence Card and include a copy of the police report. Please note that USCIS routinely conducts background checks while processing Form I-90. 

I'm a permanent resident. I recently moved to a different city within the United States. I would like to apply for naturalization. Do I have to wait to submit USCIS Form N-400?

Yes, if you moved to a different state or into a different USCIS district (i.e. USCIS - Jacksonville Field Office). You must live there for at least 3 months prior to applying for naturalization. 

I have a B1/B2 Tourist Visa. May I work in the United States?

No. It is permissible to engage in limited business-related activity such as participating at a training session, speak at a convention, and attend the closing of a pre-approved real estate transaction on behalf of an individual or company. However, do not be lured into a false sense of security that work authorization is granted with Tourist Visa status. Every employer is required to have a USCIS Form I-9, Verification of Employment Eligibility for every employee. Holding yourself out as an independent contractor with work authorization while only having a B1/B2 Tourist Visa is a visa violation. 

I am an F-1 Student. May I work in the United States?

Not without work authorization. You must submit Form I-765, Application for Employment Authorization to USCIS for review and approval. An F-1 Student with a degree in science, technology, engineering, or mathematics (STEM) may apply to seek employment authorization in an occupation directly related to their field of study in a program called Optional Practical Training (OPT).  An F-1 Student may also seek off-campus employment under the sponsor of a qualifying international organization or in cases of severe economic hardship. There is an exception for on-campus work for 20 hours per week during the fall and spring semesters. 

USCIS scheduled my Biometrics Appointment Notice. What do I need to do to prepare?

At Biometrics, you'll be required to provide your picture, fingerprints, and picture. Please arrive at your Biometrics Appointment at the scheduled time and not more than 15 minutes early. Bring your passport(s) and visa(s), valid photo identification, permanent resident card and employment authorization document (if applicable), and a copy of the Biometrics Appointment Notice. A family member, petitioner or translator was generally allowed to accompany you, but that policy has been more strict due to the COVID-19 restrictions. 

My Form I-485 is pending and I was recently arrested. What should I do?

Consult immigration counsel because your eligibility for an adjustment of status will be affected by the criminal case. If you have an immigration attorney, then contact them as soon as possible. If not, then please feel free to contact me for a complementary consultation. 

My country of origin is listed on the travel ban. Can I still apply for naturalization?

The Biden Administration has lifted the Trump Era Travel Bans. 

I hired an immigration attorney, but the results are not what I expected. May I contact your office to evaluate my situation?

Yes. I will be glad to give you a second opinion.

My current immigration attorney is not returning my phone calls. Should I contact your office for assistance?

That depends if you are aware of any pending deadlines for your case. If there are no pending deadlines, then you might want to write him or her a polite email to request that they contact you as soon as possible to discuss your case. If you still have not received a response within 5 days, then I would glad to speak to you about your case. 

I am visiting from abroad and I was injured in an auto accident. May I pursue a claim for personal injury in the United States?

Yes. As long the complaint is properly filed in the correct venue and within the statute of limitations.  

My child is a derivative U.S. Citizen with U.S. Passport. Do I need to submit USCIS Form N-600?

It is optional. However, a Certificate of Citizenship can be useful to prove identity, birthday, and U.S. Citizenship. Unlike a U.S. Passport, the Certificate of Citizenship does not expire. 

I would like to pay my USCIS filing fees with a check or money order. Who should I make the check or money order payable  to?

U.S. Department of Homeland Security. Do not abbreviate USCIS or DHS. 

What type of photos should I submit with my application?

Numerous USCIS Forms require the filer to submit two standard, passport-style, color photographs. These photos must have been taken within the past 30 days.  Gently write your full name on the back on the photograph. 

Does USCIS accept typed signatures on the immigration paperwork?

Paper versions of USCIS Forms must be submitted with a written signature. Typed signatures are not accepted. 

What is the National Visa Center and how to it affect my family's immigration paperwork?

The National Visa Center or NVC is the Department of State's immigration paperwork processing center for immigrant visas that will be issued by a U.S. Embassy or Consulate. The purpose of the NVC is to prepare, review, and organize the file before forwarding it to the corresponding U.S. Embassy or Consulate.  The applicant's immigrant visa file may be held at the NVC when the visa is not available. 

What is an invitation letter?

An invitation letter is written by the individual or company supporting the issuance of a visa to someone abroad. It will generally describe the relationship that the individual or company has with the visa applicant and verify the purpose and itinerary of the visa applicant's intended trip to the United States. Some Consular Officer's no longer consider invitation letters.