Immigration FAQs

Gendelberg Law handles a broad range of immigration matters, including:

• Adjustment of Status
• Appeals
• Asylum
• Deportation Defense
• Family Petitions
• Violence Against Women’s Act – VAWA
• EB-1, EB-2, EB-3, EB-4, EB-5
• H-1B Visa
• K-1 Visa
• L-1 Visa
• O-1 Visa
• P-1 Visa
• E-1/E-2 Visa
• J-1 Visa
• R-1 Visa
• B-1/B-2 Visa
• Waivers
• Consular Processing
• Citizenship & Naturalization
• T & U Visa
• Special Immigrant Juveniles – SIJ

We assist individuals and families across the United States and abroad – helping clients from the moment they arrive through their path to citizenship.

Yes.  Gendelberg Law charges $100 for a 30-minute initial consultation.  This dedicated time allows the attorney to understand your situation, offer personalized guidance, and help you take the first step toward a successful immigration outcome.

Monthly payment plans may be available depending on your case.  Gendelberg Law works with clients to explore flexible options because quality representation should be within reach when you need it most.

Yes, by request.  We understand that life isn’t always 9 to 5, which is why we offer evening and weekend appointments when needed.  Clients also receive their attorney’s personal cell number for ongoing support throughout the process.

Fees depend on the type and complexity of your case.  At Gendelberg Law, we’re committed to transparency – during your initial consultation, we’ll review your situation and provide a clear, upfront estimate tailored to your legal needs.

Some cases – such as asylum, deportation defense, or adjustment of status – may involve multiple stages or filings that can affect total costs.  If you have questions about fees or financial flexibility, we encourage you to raise them during your consultation so we can explore available options together.

The four primary immigration statuses in the U.S. are:

• U.S. Citizen – Either born in the U.S. or naturalized after meeting eligibility criteria.  Citizens have full rights, including voting and petitioning for certain family members.
• Lawful Permanent Resident (LPR) – Commonly called a Green Card holder.  LPRs can live and work in the U.S. permanently and may eventually apply for citizenship.
• Nonimmigrant – Individuals granted temporary status in the U.S. for a specific purpose, such as students (F-1), tourists (B-2), or temporary workers (H-1B).  These statuses have strict time limits and conditions.
• Undocumented Immigrant – Individuals in the U.S. without legal status, either because they entered without inspection or overstayed a visa.  Some may still qualify for relief or legal pathways depending on their circumstances.

Each category carries different rights, responsibilities, and potential paths to permanent residency or citizenship.

An immigrant petition is used by someone who intends to live in the U.S. permanently.  This includes family-sponsored Green Cards, employment-based permanent residence (such as EB-1 through EB-5), and humanitarian programs like asylum or refugee status.

A nonimmigrant petition, on the other hand, is for individuals seeking to stay in the U.S. temporarily for a specific purpose – such as:

• Work (H-1B for specialty occupations, L-1 for intracompany transferees, or O-1 for individuals with extraordinary ability).
• Study (F-1 for academic programs).
• Tourism or business visits (B-2/B-1 visas).

These petitions are typically tied to a specific activity and time frame.  Some allow work authorization, while others do not.  Once the purpose or authorized stay ends, the individual is generally required to leave the U.S. unless they change or extend their status.

A visa is an official document that allows you to request entry to the U.S. for a specific purpose.  Visas are divided into two main categories:

• Immigrant visas, which are for individuals seeking permanent residence (e.g., family-based, employment-based, or diversity visas).
• Nonimmigrant visas, which are for temporary stays (e.g., F-1 for students, B-2 for tourists, and H-1B for specialized workers).

There are also humanitarian visas such as the U visa for crime victims and the T visa for survivors of human trafficking.  Each visa type has its own eligibility requirements, documentation, and timeline.

A Green Card, officially known as a Permanent Resident Card, allows you to live and work permanently in the United States.  It is a key step toward U.S. citizenship, though not all Green Card holders choose to naturalize.

Common ways to obtain a Green Card include:

• Family-based sponsorship (e.g., spouses, parents, or children of U.S. citizens or permanent residents).
• Employment-based immigration (including workers with job offers, extraordinary ability, or investment-based eligibility like the EB-5 program).
• Refugee or asylum status, and subsequent adjustment to permanent residence.
• Special programs, such as the Diversity Visa Lottery.

Most Green Cards are valid for 10 years and must be renewed before they expire by filing Form I-90 with USCIS.

However, some individuals receive conditional Green Cards – usually through marriage to a U.S. citizen or through the EB-5 investor program.  These are valid for 2 years and cannot be renewed.  Instead, you must file a petition to remove the following conditions on your residency within the 90 days before the card expires:

• Form I-751 for marriage-based cases.
• Form I-829 for EB-5 investor cases.

Failing to renew or remove conditions can result in the loss of lawful permanent resident status.

Some individuals may qualify under more than one category.  Each path has specific eligibility criteria, forms, and timelines.

While both can live and work in the U.S., there are key differences:

• Lawful permanent residents (LPRs) must carry proof of their status (a Green Card), renew it periodically, and can face deportation for certain crimes or long absences from the U.S.
• U.S. citizens have additional rights – including voting, obtaining a U.S. passport, running for public office, and sponsoring a wider range of family members for immigration.
• Citizenship also offers greater protection from removal and full participation in civic life.

Most immigrants become U.S. citizens through the naturalization process.  To qualify, you generally must:

• Be a lawful permanent resident (Green Card holder) for at least 5 years (or 3 years if married to a U.S. citizen).
• Show continuous residence and physical presence in the United States.
• Demonstrate good moral character.
• Pass an English language and U.S. civics test.
• Submit Form N-400, Application for Naturalization.

You’ll also attend a biometrics appointment and an interview, and if approved, take the Oath of Allegiance to become a U.S. citizen.

• USCIS – U.S. Citizenship and Immigration Services, which handles immigration applications and petitions, including Green Cards, work permits, naturalization, asylum, and humanitarian relief.
• DHS – Department of Homeland Security, which oversees immigration enforcement and includes agencies like USCIS, ICE (Immigration and Customs Enforcement), and CBP (Customs and Border Protection).
• EOIR – Executive Office for Immigration Review, which is a part of the U.S. Department of Justice.  They administer the immigration court system and hear removal/deportation cases.
• BIA – Board of Immigration Appeals, which is the highest administrative body for interpreting and applying immigration laws.  They review decisions made by immigration judges and certain USCIS rulings.

No – marriage to a U.S. citizen does not automatically grant immigration status.  The U.S. citizen spouse must file Form I-130 (Petition for Alien Relative) and the foreign national must apply for a Green Card either through consular processing (if living abroad) or adjustment of status (if already living in the U.S.).

USCIS will evaluate the marriage to ensure it is bona fide – meaning real and not entered into solely for immigration benefits.  Both spouses are typically required to attend an interview and submit evidence proving the legitimacy of their relationship.

A biometrics appointment is a required step where USCIS collects your fingerprints, photograph, and signature for identity verification and background checks through agencies such as the FBI and Department of Homeland Security (DHS).  It is typically scheduled a few weeks after you file your immigration application or petition.

You will receive a Form I-797C, Notice of Action, with your appointment’s date, time, and location.  Make sure to bring this notice along with a valid photo ID (such as a passport or driver’s license).

Note: Missing your biometrics appointment without properly rescheduling can delay your case – or even result in a denial.

You can apply for a Social Security Number (SSN) once you are authorized to work in the U.S. This authorization may come through:

• An approved Green Card (lawful permanent residency).
• A granted asylum case.
• A valid Employment Authorization Document (EAD).

In many cases, you can request an SSN directly when filing Form I-765 or Form I-485.  If approved, the Social Security Administration (SSA) will issue your number automatically without requiring a separate application.

Note: You must have valid work authorization from USCIS to be legally employed in the U.S. Once authorized, obtaining an SSN is required for tax and payroll reporting – but the SSN itself does not grant the right to work.

Driver’s license eligibility varies by state, but most states require you to present:

• Proof of lawful status, such as a visa, Employment Authorization Document (EAD), or Green Card.
• Proof of residency in the state where you’re applying.

Some states – including California, New York, and others – offer limited-purpose driver’s licenses to undocumented immigrants.  These licenses typically cannot be used for federal identification.

Always check your state’s Department of Motor Vehicles (DMV) website for the most current and accurate requirements.

Note: Immigration status may affect how long your driver’s license is valid.  Some states will issue licenses only for the length of your authorized stay in the U.S.

You can begin working legally in the U.S. once you have valid work authorization, which may include:

• A work visa that permits employment (e.g., H-1B, O-1, L-1).
• An Employment Authorization Document (EAD) – issued after filing certain applications such as:
  • Asylum (you may apply for an EAD after your application has been pending for 150 days).
  • Adjustment of status (Green Card applicants can request an EAD using Form I-765).
  • DACA or Temporary Protected Status (TPS).

Employers are required by law to verify that you are authorized to work using Form I-9.

Note: Working without authorization can jeopardize your immigration case and may lead to removal or denial of future benefits.

An arrest – even for a seemingly minor offense – can significantly impact your immigration status.  Depending on the charge or circumstances, you could face:

• Denial of pending immigration benefits.
• Inadmissibility or removability.
• Detention or deportation proceedings, including expedited removal in some cases.

Certain offenses may trigger mandatory detention, and even dismissed or expunged charges can have consequences under immigration law.

Important: If you’re arrested, do not speak to law enforcement or immigration officers without first contacting an immigration attorney.  You have the right to remain silent.  Anything you say can be used against you in immigration court – even if you’re not convicted.

Note: Carry proof of your immigration status or pending application if you have one.  If you’ve lived in the U.S. for more than two years and are undocumented, carry proof of that residency to help avoid expedited removal.

You may still be eligible to apply for several immigration benefits from outside the U.S., including:

• Family-based or employment-based immigrant visas (through consular processing).
• K-1 fiancé(e) visas.
• Humanitarian programs, such as refugee or parole status, depending on circumstances.

Gendelberg Law regularly works with clients abroad to prepare petitions, gather supporting documents, and navigate the consular process.

Note: If you’re applying for a Green Card from outside the U.S., you’ll work with the National Visa Center (NVC) and a U.S. embassy or consulate to complete your application and attend an interview.

Yes.  Several immigration protections are available to survivors of abuse, including:

• VAWA self-petition (for spouses, children, or parents of abusive U.S. citizens or Green Card holders).
• U visa (for victims of certain crimes, including domestic violence, who assist law enforcement).
• T visa (for victims if the abuse occurred in the context of trafficking).
• Asylum (if returning to your home country would place you at risk of further violence).

These options may allow you to apply without the involvement of your abuser.  In VAWA cases, for example, you can self-petition confidentially by filing Form I-360.

Note: You may also qualify for work authorization and eventually a Green Card through these forms of relief.

Yes – you may qualify for asylum if you have suffered past persecution or have a well-founded fear of future persecution based on:

• Race.
• Religion.
• Nationality.
• Political opinion.
• Membership in a particular social group.

To apply, you must generally file Form I-589 within one year of arriving in the U.S.  There are exceptions for changed circumstances or extraordinary delays, such as medical emergencies or lawful immigration status that prevented earlier filing.

Note: If granted asylum, you may become eligible for work authorization, lawful permanent residency (a Green Card) after one year, and the ability to bring certain family members to the U.S.

Yes – if your employer sponsors you for a work visa such as an H-1B (specialty occupation), L-1 (intracompany transferee), or O-1 (extraordinary ability) and the visa is approved.

Keep in mind that not all job offers qualify.  Your employer must meet sponsorship requirements, and some visas – like the H-1B – are subject to annual caps and a lottery system.  In some cases, employment-based Green Cards may also be available depending on the job, your qualifications, and the employer’s eligibility.

Possibly.  Individuals with extraordinary ability in fields such as science, education, business, athletics, or the arts may qualify for:

• An O-1 visa (temporary, nonimmigrant).
• An EB-1 immigrant visa (leads to permanent residence).

Both options require extensive documentation of national or international recognition and a plan to continue working in your area of expertise.  The O-1 allows for temporary stay and renewal, while the EB-1 offers a pathway to a Green Card.

In many cases, yes.  U.S. citizens and lawful permanent residents (Green Card holders) can sponsor certain family members for immigration to the United States.

There are two main categories for family-based immigration:

• Immediate relatives of U.S. citizens (spouses, unmarried children under 21, and parents of U.S. citizens over 21).  These visas are not subject to annual caps, which means they’re typically processed more quickly.
• Family preference categories – used for more extended relatives like married children or siblings of U.S. citizens, and spouses or unmarried children of Green Card holders.  These categories have annual limits, so wait times may be longer.

If you are in the U.S. on a temporary visa (like an H-1B, L-1, or O-1), you may also be able to bring your spouse and unmarried children under 21 on a derivative visa.  These dependents typically enter the U.S. under designations such as H-4, L-2, or O-3.

Some dependent spouses such as those of L-1, E-2, or H-1B visa holders may also be eligible for employment authorization under current USCIS policy.

The specific process, wait times, and eligibility requirements will vary based on your immigration status and your relationship to the family member.

Immigration law is highly technical and constantly evolving.  A skilled immigration lawyer can help:

• Avoid delays and denials caused by incomplete or incorrect filings.
• Prepare you for interviews or court appearances.
• Identify legal options you may not know you have.
• Respond to requests for evidence or notices of intent to deny.
• Protect your rights if you face arrest or deportation.

Online tools and forms may help in basic cases, but they can’t protect your rights or advocate for you in complex situations or if you’re at risk of removal.  At Gendelberg Law, you’ll work directly with an experienced attorney who’s committed to your success – offering personalized attention, clear communication, and strong legal advocacy.

You have the legal right to access your case file.  We’ll help you submit a formal request to your previous attorney and make sure nothing important is missing.

Your case file is confidential, and your former attorney is ethically obligated to release it upon request, regardless of whether you have a balance due to them.  Once we receive your documents, we’ll carefully review what’s already been done and help you build a plan to move forward – correctly and confidently.

We regularly assist clients who’ve had prior delays, denials, or incomplete representation.  Whether your case needs to be reopened, appealed, or refiled – we’ll evaluate your current situation, explain your options clearly, and guide you through the next steps.

It’s never too late to get a second opinion or a fresh start with a new legal strategy.

Depending on the case type and the reason for the decision, you may have several options, including:

• Appealing to the Board of Immigration Appeals (BIA) or another reviewing body.
• Filing a motion to reopen (to submit new evidence).
• Filing a motion to reconsider (to correct legal or factual errors).
• Refiling under a different visa or benefit category.

Appeals and motions often have strict deadlines – sometimes as short as 30 days – so it’s important to act quickly.  We’ll help you understand your options, meet deadlines, and file the strongest possible response.

If you didn’t find your specific question listed here – don’t worry.  Every case is different, and your situation may deserve a more personalized answer.  At Gendelberg Law, we’re not just here to file forms – we’re here to walk beside you, explain what’s happening, and fight for your future.

Call us today to schedule your consultation.  We’ll help you make sense of the process, explore your best options, and take the next step with confidence.