Immigration FAQs
The information below is for general educational purposes only and does not constitute legal advice. Immigration law is changing rapidly in 2026 — court rulings, agency policy, and processing rules can shift month to month. For guidance on your specific situation, contact our office for a consultation.
Family-Based Immigration
Yes and no. A company can start a petition on your behalf, but in most cases you would still need to leave the country and return properly to actually receive status through that petition. If you were in the U.S. without status for more than a year, you would likely also need to file a waiver to be allowed back in for up to ten years. There are many types of employment-based status, which can change this analysis. Anyone who is undocumented should talk to an attorney before filing anything with the government.
Unlike some family-based cases, you generally must maintain lawful status the entire time you’re in the U.S. to qualify for most employment-based options, with rare exceptions. Filing for a visa you don’t actually qualify for can also lead to serious consequences, including being placed into removal proceedings.
Students typically cannot work off-campus while in school, but many go on to work legally after graduation. As long as you maintain your student status throughout the process, an employer can sponsor you for work authorization or a visa.
Employment visas fall into two broad categories: Permanent (Immigrant) and Temporary (Non-Immigrant). Permanent, or “PERM,” visas allow an employer to sponsor someone indefinitely; this route requires Department of Labor certification and usually a recruitment step first, and can take a long time — you must remain in status throughout. Temporary visas include the H-1B for specialty-occupation workers, TN visas for qualifying Canadian and Mexican nationals, and agricultural visas for seasonal workers. A temporary visa like the H-1B can be an important bridge while a PERM-based green card application is pending.
You cannot legally work without Employment Authorization, but not all work authorization requires an employment-based visa. You can qualify for work authorization through other paths, such as a properly filed asylum application, a pending Adjustment of Status case, or TPS.
Costs and timelines vary significantly based on the visa category, whether PERM labor certification is required, and the applicant’s home country (some countries face longer visa backlogs than others). Government filing fees have increased under recent fee changes, and total timelines can range from under a year to several years for high-demand categories. An attorney can walk through current, category-specific numbers for your situation.
In some cases, yes. Once certain stages of the employment-based green card process are complete and your case has been pending long enough, federal law allows “job portability” to a same or similar role with a new employer without restarting the process. This is a fact-specific analysis, so confirm your eligibility with an attorney before making a move.
Removal Defense (Deportation Defense)
Immigration Court begins with a document called a “Notice to Appear” (NTA). It will list a date, time, and address for your hearing. Receiving an NTA means the government intends to try to remove you from the United States. If you do not appear for court, you may be ordered removed “in absentia” — meaning removed for failing to appear. If you receive an NTA, talk to an attorney right away to review your possible defenses to removal, of which there are several.
While the prospect of immigration court is daunting, there are several ways to remain in the United States. One is Asylum, where you show you would face persecution if forced to return to your home country — this is an area of law that is changing quickly, so working with an attorney who is current on the latest rules matters. Another is Cancellation of Removal, which requires a certain number of years of presence in the U.S., minimal or no criminal history, and a qualifying relative who would be harmed by your departure. There are several other, less commonly used forms of relief, so getting the right advice early is important.
If you lose at the trial level, you have the right to appeal within 30 days to the Board of Immigration Appeals (BIA), which reviews the immigration judge’s decision for legal errors. If you lose there, you can appeal further to the federal circuit court that covers your case — for clients here in Pennsylvania, that’s the U.S. Court of Appeals for the Third Circuit. Our attorneys are admitted to practice in all federal appeal courts for this process except the U.S. Supreme Court. Note that several immigration issues are currently being decided differently in different circuits, so outcomes can genuinely depend on where your case is heard.
Detention is common, and there are three main ways someone may be released:
- Bond Motion — In many circumstances, a bond hearing is available to seek release, requiring a sponsor to help pay the bond and evidence of ties to the community. A judge weighs whether you’re a flight risk and whether you’re a danger to the public; if there’s a criminal history, evidence of rehabilitation helps.
- Habeas Corpus — Where bond isn’t available through the immigration court, a federal court can sometimes review whether the detention itself is lawful and order a bond hearing.
- Parole Request — For compelling humanitarian need, a medical condition, or strong ties to the U.S., you can ask ICE to exercise discretion and release someone on parole. This is entirely discretionary, and strong supporting evidence matters. Important 2026 update: Since mid-2025, the government has taken the position that many people who entered the U.S. without inspection — no matter how long ago — should be treated as ineligible for a standard bond hearing at all. Federal appeals courts are currently split on this question: some circuits have rejected that position and preserved the right to a bond hearing, while others have sided with the government. Pennsylvania is in the Third Circuit, which has not yet settled this specific question, so bond eligibility for someone who entered without inspection can genuinely depend on the month, the judge, and the jurisdiction. If you have a loved one in detention, do not rely on general online information — get an attorney involved immediately, as bond motions often move on a matter of days.
They mean the same thing. “Deportation” was the term used in immigration law before 1996; the law now uses “removal” and “removal proceedings,” but most people still use the words interchangeably.
Not without talking to an attorney first. In the current enforcement environment, some people are being offered what sounds like a simple voluntary exit — sometimes with a cash incentive — but agreeing can sometimes mean signing a “stipulated removal,” which results in an actual removal order entered without a hearing. That order can carry long-term consequences for your ability to return to the U.S. legally in the future. Never sign anything from ICE or an immigration officer that you don’t fully understand, and never sign under pressure — you’re entitled to speak with a lawyer first.
Sometimes, but it requires reopening or addressing the old order first — you generally cannot get a green card while an active removal order is outstanding. Depending on how old the order is, why it was entered, and your current circumstances, an attorney may be able to file a motion to reopen the case or identify another path forward.
Know Your Rights: ICE Encounters
You have the right to remain silent, and you generally do not have to open your door. ICE cannot enter your home without your consent or a warrant signed by a judge (a “judicial warrant”). An administrative warrant issued by ICE itself — often labeled Form I-200 or I-205 — does not give agents the legal right to enter your home. If agents say they have a warrant, you can ask them to slide it under the door or hold it up to a window so you can read it before deciding whether to open the door.
A judicial warrant is signed by a judge or magistrate and gives law enforcement legal authority to enter a private home. An administrative (ICE) warrant is signed by an immigration officer, not a judge, and by itself does not authorize agents to enter a home without consent. Always ask to see the warrant and check who signed it.
No. You have the right to remain silent. You generally do not have to answer questions about where you were born, how you entered the country, or your immigration status — whether you’re approached at home, on the street, at work, or during a traffic stop. You can say clearly: “I am exercising my right to remain silent, and I want to speak with a lawyer.”
Ask “Am I free to leave?” If the answer is yes, you can calmly walk away. If you’re told you’re being detained, remain calm, state that you wish to remain silent, and ask for a lawyer. Do not run, do not physically resist, and do not present false documents or lie about your identity — that can create separate legal problems on top of an immigration case.
It’s generally wise to carry any valid immigration documents you do have. If you don’t have documents, it’s better to stay silent than to present a false document or lie about your status — using fraudulent documents can create additional criminal exposure. If you’re ever unsure what to do in the moment, asserting your right to remain silent and asking for an attorney is almost always the safer path.
Generally, yes — if you are not under arrest and are in a public space, you may record or photograph enforcement activity as long as you don’t physically interfere. This is a general rule of thumb, not a guarantee in every situation, so use good judgment and prioritize your own safety.
Humanitarian Immigration
Asylum is complex, but it generally comes down to four questions. First, did you suffer past harm, or are you more likely than not to suffer harm in the future? Second, was that harm connected to a protected ground — race, religion, national origin, political opinion, or membership in a particular social group? Third, was the harm carried out by the government, or by someone the government was unwilling or unable to control? Fourth, is there another country, aside from the U.S. and your home country, where you could safely relocate? Two 2026 updates worth knowing: asylum claims based on domestic violence and similar “particular social group” theories have become significantly harder to win after a legal standard called Matter of A-B- was reinstated this year, and new government filing fees now apply to asylum applications, including an annual fee for cases that stay pending — nonpayment can put a case at risk. Talk to an attorney about how these changes affect your specific claim. Remember: nearly all asylum claims must be filed within one year of arriving in the United States, with only narrow exceptions — so act quickly to protect your rights.
You may qualify for a U-Visa by cooperating with the agency prosecuting the crime and obtaining their certification of your helpfulness, then filing with USCIS. U-Visas take time and professional guidance to file correctly and to navigate the current backlog.
You may qualify for a U-Visa, and if your abuser was a U.S. citizen or permanent resident spouse (or certain other close relatives), you may also qualify for status under the Violence Against Women Act (VAWA). VAWA lets you seek status without your abuser’s knowledge or cooperation if the abuse was severe enough. Evidence can include police reports, photos, written declarations, and more. Evidentiary requirements for VAWA cases have become stricter recently, so working with an attorney to build the strongest possible record matters more than ever.
A minor may qualify for Special Immigrant Juvenile Status (SIJS). This generally requires a state family or juvenile court order addressing custody or dependency that includes specific findings required by federal law. Someone — usually a relative or other qualifying caregiver — must obtain custody through that court process, and the order needs the right legal language, so an attorney’s help is strongly recommended.
If you were trafficked into the U.S., or brought here through fraud or coercion, you may qualify for a T-Visa, which can also lead to additional status down the road.
DACA (Deferred Action for Childhood Arrivals) protects certain people brought to the U.S. as children from deportation and allows them to work legally. As of 2026, USCIS is only processing renewals for people who already have DACA — new, first-time applications remain blocked by ongoing litigation. The program’s long-term legal future is still uncertain, and DHS has stated DACA does not guarantee protection from removal, so current DACA holders should renew as early as they’re eligible and speak with an attorney about backup options, such as family-based paths, if any exist.
TPS allows nationals of certain countries designated by the U.S. government — often due to war, natural disaster, or unsafe conditions — to remain and work in the U.S. temporarily. TPS designations, and who currently qualifies, have changed frequently over the past two years, so it’s important to confirm your country’s current status directly with an attorney rather than relying on older articles online.
Employment-Based Immigration
Yes and no. A company can start a petition on your behalf, but in most cases you would still need to leave the country and return properly to actually receive status through that petition. If you were in the U.S. without status for more than a year, you would likely also need to file a waiver to be allowed back in for up to ten years. There are many types of employment-based status, which can change this analysis. Anyone who is undocumented should talk to an attorney before filing anything with the government.
Unlike some family-based cases, you generally must maintain lawful status the entire time you’re in the U.S. to qualify for most employment-based options, with rare exceptions. Filing for a visa you don’t actually qualify for can also lead to serious consequences, including being placed into removal proceedings.
Students typically cannot work off-campus while in school, but many go on to work legally after graduation. As long as you maintain your student status throughout the process, an employer can sponsor you for work authorization or a visa.
Employment visas fall into two broad categories: Permanent (Immigrant) and Temporary (Non-Immigrant). Permanent, or “PERM,” visas allow an employer to sponsor someone indefinitely; this route requires Department of Labor certification and usually a recruitment step first, and can take a long time — you must remain in status throughout. Temporary visas include the H-1B for specialty-occupation workers, TN visas for qualifying Canadian and Mexican nationals, and agricultural visas for seasonal workers. A temporary visa like the H-1B can be an important bridge while a PERM-based green card application is pending.
You cannot legally work without Employment Authorization, but not all work authorization requires an employment-based visa. You can qualify for work authorization through other paths, such as a properly filed asylum application, a pending Adjustment of Status case, or TPS.
Costs and timelines vary significantly based on the visa category, whether PERM labor certification is required, and the applicant’s home country (some countries face longer visa backlogs than others). Government filing fees have increased under recent fee changes, and total timelines can range from under a year to several years for high-demand categories. An attorney can walk through current, category-specific numbers for your situation.
In some cases, yes. Once certain stages of the employment-based green card process are complete and your case has been pending long enough, federal law allows “job portability” to a same or similar role with a new employer without restarting the process. This is a fact-specific analysis, so confirm your eligibility with an attorney before making a move.
General Immigration Questions
It depends heavily on the type of case — a straightforward family petition costs far less than a complex removal defense or waiver case. Most immigration attorneys offer a consultation to review your situation and provide a clear, upfront quote before you commit to representation.
A green card makes you a Lawful Permanent Resident (LPR), allowing you to live and work in the U.S. indefinitely, but it can be lost through certain criminal convictions, long absences from the U.S., or other issues, and it doesn’t include the right to vote. Citizenship, typically obtained through naturalization after holding a green card for a set number of years, is permanent, includes the right to vote, and generally cannot be taken away except in rare fraud cases.
Most Lawful Permanent Residents can apply for naturalization after 5 years with a green card, or after 3 years if married to and living with a U.S. citizen spouse the entire time. There are also continuous residence and physical presence requirements, so the exact timing depends on your travel history and case details.
You can check most pending USCIS case statuses using your receipt number on the USCIS website, and immigration court case status through the EOIR automated case information system using your Alien Registration Number. If a case has been pending far longer than the posted processing times, or if something seems off, that’s a good reason to consult an attorney rather than wait indefinitely.
It depends entirely on your specific case and status. Traveling at the wrong time — including while certain applications or removal proceedings are pending — can be treated as abandoning your case or triggering bars to reentry. Always confirm with an attorney before booking travel if you have any immigration case pending.
Working With Our Firm
Immigration is an extremely complex area of law, and the consequences of mistakes can be severe and sometimes permanent. Before filing any application and handing over a large volume of personal information to the government, you should consult an attorney to confirm you’re actually eligible for the benefit you’re applying for. In removal proceedings specifically, people without an attorney are far more likely to be ordered removed than those with legal representation, and immigration judges and the courts generally prefer that attorneys handle these cases to ensure rights are fully protected.
Attorneys stay current on the legal and policy changes that are happening rapidly right now, and are licensed, specially trained professionals authorized to appear in all agency interviews and court proceedings — unlike notaries or document preparers, who can fill out forms but cannot represent you in an interview or in court. An attorney will advise and guide you through every phase of your case, answer your questions honestly and clearly, and protect your rights — which matters more than ever given the current pace of immigration enforcement. Attorneys are also ethically bound to act in your best interest at all times, a standard that notaries and document preparers are not held to.
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