FAQ
I’m a noncitizen and I’ve been arrested. Do I need to speak to an immigration attorney?
Yes! For noncitizens, the immigration consequences of an arrest can be far more severe than the criminal penalties. Even “minor” offenses can lead to deportation, restrictions on traveling outside the United States, or ineligibility for immigration benefits. Additionally, immigration authorities often do not recognize state court expungements. This means that even if your charges were dismissed by a state court or you can legally say you’ve never been arrested on job applications, the charges may still impact your immigration status.
Furthermore, criminal attorneys may use the immigration consequences of potential charges as leverage to negotiate a better outcome for you.
Therefore, it is critical to consult with an immigration attorney as soon as possible after being arrested or charged, and certainly before accepting any plea deal.
I’m undocumented and I’m married to a U.S. citizen, or I have a U.S. citizen child who is over 21.
Can I get lawful permanent residency?
Marriage to a U.S. citizen or having a U.S. citizen child may allow you to apply for lawful permanent residency, but it is not automatic, and not guaranteed in every situation. Factors such as how you entered the United States, how many times you’ve entered, any criminal history, prior immigration filings, and many other considerations will determine if you are eligible. It may also be necessary to leave the United States to complete the residency process.
Before leaving the country or providing any information to immigration authorities, it is crucial to speak with an immigration attorney to fully understand your options and the risks involved in applying for residency.
What are the requirements for U.S. Citizenship?
To apply for naturalization, you must be at least 18 years old, have been a lawful permanent resident for at least 5 years (unless you’re married to a U.S. citizen, in which case it can be 3 years), and have good moral character for that period. Additionally, subject to some exceptions, you cannot have had any trips of 6 months or more outside of the US, or absences of 6 months total out of each year. Unless eligible for an age or disability exemption, you must be able to pass an English and civics exam as part of your citizenship interview.
Please note, you may already be a U.S. citizen if one or both of your parents, or even a grandparent, is a citizen. Please consult an immigration attorney, as acquisition or derivation of citizenship can be quite complex.
I’m a noncitizen and I’ve been a victim of a crime. Do I need an immigration attorney?
If you have ever been the victim of a serious crime in the US, and a law enforcement agency was involved in the investigation or prosecution of the crime, you may be eligible for a U Visa. The U Visa requires you to show you were helpful to the investigation and/or prosecution of the crime, and that you suffered substantial harm as a result of the crime. U Visas are a great avenue for undocumented immigrants who may have immigration violations or even criminal convictions which would make them otherwise ineligible for other forms of immigration status. The U Visa provides 4 years of status and a pathway to residency. However, the wait times for U Visas can be over a decade-long, due to the 10,000 visa cap by Congress.
U Visas are complex and involve working with law enforcement agencies in addition to USCIS, so it is highly recommended that you hire a skilled immigration attorney who is experienced at working with survivors.
What should I expect at an immigration consultation?
At an initial consultation, a family-based or humanitarian immigration lawyer should get a complete understanding of your immigration history, including all of your entries, exits, immigration encounters, and criminal arrests or convictions. An immigration lawyer will ask about your family members’ immigration statuses and identify whether you have ever suffered any harm in your home country or in the United States that might help you obtain immigration status. An expert immigration attorney will inform you of avenues to obtain immigration status, but also bars to eligibility. A good immigration attorney will advise you not only of the benefits to applying for certain forms of relief, but also the risks, so that you can make a decision that is best for your family.
If an immigration attorney tells you that they cannot help you, it is not a judgment on you as a person, but rather a determination that the laws will not allow you to obtain immigration status. (Always beware of any legal provider guaranteeing a positive outcome). Ideally, however, an immigration attorney would be able to find a pathway to regularizing your status in the United States, and then assist you in obtaining that status.