Frequently Asked Questions
We have gathered important information that could be helpful for you. If you can’t find what you are looking for, contact us.
For Special Immigrant Juvenile Status (SIJS)
How long will my case take?
It depends on the county where the Family Court is located. For example, cases filed in Nassau or Suffolk counties are resolved within three to six months.
How many times will I have to go to court?
Most SIJS cases require two appearances before a Family Court judge.
What requirements must I meet to qualify for SIJS?
You must be single, under 21 years of age, demonstrate that you were abused, abandoned, or neglected by one or both parents when living with them. You must have a proposed guardian who looks out for your best interests, and is approved by the Family Court judge. Lastly, the Family Court judge must determine that it is in the minor’s best interest not to be reunited with one or both parents.
Why am I going to family court if I have an immigration court case?
SIJS is a bifurcated process. A Family Court judge must first determine that you meet the requirements noted above. Once proceedings in Family Court are concluded, an immigration judge can then close the case and permit you to continue adjusting with USCIS. In the end, you will be granted legal permanent residence (LPR).
All Other Immigration-based Cases
I had TPS and lost it, what can I apply for?
Before giving an answer, we must know why you lost your TPS status. If it happened on account of a felony conviction, that will severely limit your options. On the other hand, if you failed to timely renew your TPS permit, and are now eligible for another immigration benefit, we will apply for that benefit. For example, marriage to a United States citizen will allow you to proceed with a family based petition.
How can I get a work permit?
Certain applications, such as asylum, permit you to apply for a work permit once the waiting period is satisfied. Depending on the application submitted or action taken by Immigration and Customs Enforcement (ICE) officers, it comes with work permit benefits.
How can an arrest affect my application?
Depending on the arrest, the effects can be deleterious. Most important, make sure that your criminal defense attorney consults an immigration lawyer before pleading guilty.
How can I petition my family?
A United States citizen can petition parents, spouses, children who are single under 21, married sons and daughters and brothers and sisters. A legal permanent resident (LPR) can petition only spouses, children and unmarried sons and daughters. The family member in most instances must be living outside the United States. However, immediate relatives of United States citizens, single children under 21, parents or spouses, can apply and enter in a relatively short period of time as visas are immediately available. USCIS must first approve the family-based petition. Once approved, the case is continued at the National Visa Center, and concluded at a consular office abroad.
Why do I have to bring documents to support my petition?
Both immigration judges and USCIS officers usually require where available, documentation that supports your claim. The more documents presented, the stronger your case, and consequently the higher the chances of approval.
How can I learn the status of my case?
It depends on what type of case you have. For example, if you are before the immigration judge, you can call 1-800-898-7180. The automated system can inform you of your next court date and other information important to your case. If your application is before USCIS, please visit their website and follow the Case Inquiry Status prompts.
Why is my case taking so long?
Immigration cases are for the most part complex. Each case is different, even though it may share similarities with others. Because the government has an obligation to ensure that all cases are thoroughly examined, your attorney will demand that they live up to their obligation. Your attorney will submit motions and memorandums of law. The court will take time to consider these writings as well as provide the government attorneys with an opportunity to respond. Other issues such as backlogs, insufficient personnel, etc., are also responsible for delays in the adjudication of cases.