Immigration FAQ – Law Office of Miguel Palmeiro, LLC
Welcome to our comprehensive Immigration FAQ. If you have questions about your immigration status, benefits, or legal options in the United States, you’ve come to the right place. Our experienced immigration attorneys at the Law Office of Miguel Palmeiro, LLC have compiled answers to the most frequently asked questions we receive from clients in the Arlington, VA area and beyond.
Contact Information:
Law Office of Miguel Palmeiro, LLC
3300 Fairfax Drive, Suite 222
Arlington, Virginia 22201
Phone: 703-522-2427
Green Cards & Permanent Residency
1. How do I apply for a green card through a family member?
Family-based green card applications require a U.S. citizen or lawful permanent resident sponsor. If you have an immediate relative (spouse, parent, or unmarried child under 21) who is a U.S. citizen, you may qualify for immediate relative status, which has no annual numerical limits. Other family relationships fall into preference categories with annual caps. Your sponsor must file Form I-130 (Petition for Alien Relative), demonstrating the family relationship and financial ability to support you through the Affidavit of Support. Processing times vary by category and visa bulletin availability, typically ranging from months to several years. We recommend consulting with an immigration attorney early to understand your category and timeline.
2. How long does it take to get a green card in 2026?
Green card processing times in 2026 vary significantly based on your application category, country of origin, and whether you’re adjusting status or consular processing. Immediate relative cases may take 8-18 months, while family preference categories can take 2-7+ years depending on visa availability and priority dates. Employment-based cases typically range from 1-3 years, with EB-5 investor cases sometimes taking longer. Country-specific backlogs, particularly for China and India, can add substantial delays. The State Department’s visa bulletin updates monthly and controls when visas become available. To get an accurate timeline for your specific situation, we recommend scheduling a consultation where we can review your case details and provide realistic expectations.
3. What is the difference between immediate relatives and family preference categories?
Immediate relatives of U.S. citizens (spouse, unmarried children under 21, and parents of U.S. citizens over 21) have unlimited visa availability and no waiting periods—they can obtain green cards immediately upon approval. Family preference categories are for more distant relatives and have annual numerical caps, creating visa backlogs that can last years. These include: F1 (unmarried adult children of U.S. citizens), F2A/F2B (spouses and children of permanent residents), F3 (married children of U.S. citizens), and F4 (siblings of U.S. citizens). The advantage of immediate relative status is faster processing and no waiting for a visa number to become available. If you have distant relatives sponsoring you, expect a longer process but know that building your case early with proper documentation strengthens your petition.
4. Can I work while my green card application is pending?
Yes, but the process to obtain work authorization depends on your specific circumstances. If you’re adjusting status in the United States, you can apply for employment authorization (Form I-765) once your I-140 (immigrant petition) or I-485 (adjustment of status) application is pending. USCIS typically grants work authorization while your case is being reviewed. If you’re going through consular processing abroad, you generally cannot work until your visa is approved and you immigrate. Some visa categories like H-1B or TN may allow concurrent employment. The timing and eligibility are complex and depend on whether you’re family-based, employment-based, or in another category. We can advise on your specific eligibility and help you file for authorization promptly to maximize your employment opportunities during the process.
U.S. Citizenship & Naturalization
5. What are the eligibility requirements for U.S. citizenship?
To apply for U.S. citizenship through naturalization, you generally must be a lawful permanent resident (green card holder) for at least five years (or three years if married to a U.S. citizen), demonstrate physical presence in the U.S. for at least half that time, and be a person of good moral character. You must be at least 18 years old and be able to read, write, and speak basic English. You’ll need to pass the civics test, understanding U.S. government and history. You cannot have certain criminal convictions, and you must be willing to take the oath of allegiance to the United States. Additionally, you must show you’re attached to the principles of the U.S. Constitution. Some individuals may qualify for expedited naturalization based on military service or other special circumstances. Your specific eligibility depends on your individual circumstances, so consultation with an attorney is advisable.
6. How do I prepare for the citizenship interview and civics test?
USCIS offers free study materials for the civics test, which covers 100 possible questions about U.S. government, history, and civics principles. You can access these on the USCIS website and should study them thoroughly. The test consists of three out of the 100 questions asked orally by a USCIS officer. Additionally, the officer will review your application (Form N-400), verify your information, and conduct an English test through conversation. Bring all required documents including your green card, passport, tax returns, and state ID. Prepare to discuss your life in the U.S., employment, and travels. Many applicants benefit from working with an immigration attorney who can conduct mock interviews, identify potential concerns on your application, and ensure you’re fully prepared. We offer interview preparation services and can address any red flags that might arise during the naturalization process.
7. Can I have dual citizenship?
Yes, you can have dual citizenship, though the U.S. government does not recognize or encourage it. If you become a U.S. citizen while retaining citizenship of another country, the U.S. will treat you as a U.S. citizen. Some countries automatically allow dual citizenship (like Mexico), while others do not and may revoke your citizenship if you voluntarily acquire another. The key is that the other country must permit it. You should research your home country’s laws before naturalizing. If you’re concerned about losing your original citizenship, consult with an immigration attorney who may work with a foreign law specialist. Importantly, holding dual citizenship does not exempt you from U.S. tax obligations or military service requirements. The relationship between U.S. citizenship and your home country’s citizenship can be complex and depends on that country’s laws.
8. How long does the naturalization process take?
The naturalization process typically takes 8-12 months from filing to oath ceremony, though this varies by location and USCIS workload. Some locations may process cases faster or slower depending on staffing and case volume. After you file Form N-400, USCIS will send you a notice for biometrics collection, then schedule your naturalization interview and civics test. Processing can be expedited in certain circumstances, such as humanitarian purposes or when you’re elderly or have medical conditions. You can check your case status online using your case number. If your case takes significantly longer than expected, an attorney can request a case status inquiry. The timeline is also affected by any issues with your application, such as criminal history or periods of absence from the U.S. that require clarification. We recommend filing well before any time-sensitive deadlines and staying informed throughout the process.
Work Visas & Employment
9. What is an H-1B visa and how do I qualify?
The H-1B visa is a specialty occupation visa that allows U.S. employers to temporarily employ foreign workers in positions requiring at least a bachelor’s degree or higher. To qualify, you must have a job offer from a U.S. employer willing to sponsor you, possess the required education and experience, and work in a specialty occupation. Your employer must file a Labor Condition Application (LCA) and then an H-1B petition with USCIS. The visa is capped annually with preferences given to advanced degree holders and wage requirements ensuring fair compensation. Initial approval is valid for three years and can be extended to six years. H-1B visa holders can bring spouses and unmarried children under 21 on H-4 dependent status. The process involves strict timeline compliance and documentation requirements, making employer-employee coordination essential. We assist employers and employees throughout the H-1B process to ensure compliance and maximize approval chances.
10. What are the differences between H-1B, L-1, and O-1 visas?
H-1B visas are for specialty occupations requiring a bachelor’s degree, while L-1 visas are for intracompany transferees within multinational companies (managers, executives, or employees with specialized knowledge). L-1 visas require the applicant to have worked for the company abroad and don’t require a specific degree or job category. O-1 visas are for individuals with extraordinary ability in sciences, arts, education, business, or athletics—the highest professional tier. H-1B requires an LCA and USCIS petition; L-1 is filed directly with USCIS; O-1 requires evidence of exceptional recognition. H-1B is capped at 85,000 annually; L-1 and O-1 have no caps. Processing varies: H-1B processing happens during cap season, while L-1 and O-1 petitions can be filed year-round. Each visa has distinct advantages depending on your employment situation, company size, and professional achievements. Selecting the right visa category requires careful analysis of your qualifications and employer circumstances.
11. Can my employer sponsor me for a green card?
Yes, employers can sponsor employees for employment-based green cards through several categories. Your employer must be willing to navigate a multi-step process that includes obtaining a labor certification (PERM), filing an I-140 petition, and adjusting your status or consular processing. Employment-based categories include: EB-1 (priority workers like extraordinary ability holders, multinational managers, or outstanding professors), EB-2 (advanced degree holders or exceptional ability individuals), EB-3 (skilled workers, professionals, and unskilled workers), EB-4 (special immigrants), and EB-5 (investors). Each category has specific requirements and timelines. The PERM labor certification process typically takes 1-2 years and requires showing no available U.S. workers can fill the position. Your employer must demonstrate financial ability and commitment to sponsorship. If you’re on an H-1B or another work visa, employment-based green card sponsorship can run concurrently. We guide employers and employees through this complex process to protect your job and immigration status.
12. What happens if I lose my job while on a work visa?
If you lose your job while on an H-1B visa, you generally have a grace period of up to 60 days to find new employment and have the new employer file a transfer petition, or to depart the United States. Remaining in the U.S. after this grace period without employment makes you out of status and could jeopardize future immigration benefits. Some visas like L-1 have similar grace periods. If you’re in the green card adjustment process, losing your job may complicate matters but doesn’t necessarily derail your application if you can demonstrate continued employment or if your I-140 has been approved. Options include finding a new sponsoring employer, changing visa categories, or returning home. The timing of your job loss relative to your immigration case stage is critical. We recommend notifying your immigration attorney immediately if you lose employment to explore all options and prevent status violations. Swift action can preserve your immigration prospects and future eligibility.
Asylum & Humanitarian Protection
13. How do I apply for asylum in the United States?
To apply for asylum, you must demonstrate that you have a well-founded fear of persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group. You can apply for asylum if you’re in the U.S. or at a port of entry, but you must generally file Form I-589 (Application for Asylum and for Withholding of Removal) within one year of arrival. There are limited exceptions to this one-year deadline based on changed circumstances or extraordinary circumstances. If you’re already in removal proceedings, you can file defensively before an immigration judge. If you haven’t been placed in proceedings, you can file affirmatively with USCIS. The burden of proof is substantial, requiring specific evidence of past persecution or a well-founded fear of future persecution. You’ll need country conditions evidence, personal testimony, and often expert declarations. The process is complex and requires meticulous documentation. Asylum decisions can take years, but if approved, you can eventually apply for a green card and citizenship. Our attorneys specialize in asylum cases and understand the legal standards and evidence needed for success.
14. What is the difference between affirmative and defensive asylum?
Affirmative asylum is when you proactively file an I-589 asylum application with USCIS before immigration proceedings begin. You attend an interview with an asylum officer who determines whether you’ve established a credible fear of persecution. If approved, you receive asylum status; if denied, you’re placed in removal proceedings before an immigration judge. Defensive asylum occurs when you’re already in removal proceedings and file an I-589 before an immigration judge to defend against deportation. The legal standards are the same, but the process and venue differ. In affirmative cases, you control the timing and initial presentation. In defensive cases, you’re reacting to removal charges and may have less time to prepare. Asylum officers in affirmative cases are generally trained in trauma-informed procedures, while immigration judges make final legal determinations in defensive cases. Both pathways can succeed, but strategy depends on your circumstances. If you’re not in removal proceedings, filing affirmatively is often preferable as it gives you more control. Our experienced asylum attorneys can advise which approach best suits your situation.
15. What is Temporary Protected Status (TPS)?
Temporary Protected Status (TPS) is a humanitarian status granted to nationals of designated countries experiencing ongoing armed conflict, natural disasters, or environmental disasters that prevent nationals from safely returning. TPS holders can live and work in the U.S. legally but are not on a path to permanent residency or citizenship. TPS is temporary and must be re-designated by the U.S. government at specified intervals, usually every 6-18 months. Currently designated countries include El Salvador, Guatemala, Honduras, Nepal, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen, among others. To qualify, you must have been in the U.S. continuously since the country’s designation date and meet other eligibility requirements. You must file during designated registration periods. TPS provides work authorization and protection from deportation but is not a permanent solution. Some TPS holders can adjust to permanent residency through other means, such as family sponsorship or employment sponsorship. The status is subject to political changes and shifts in country conditions. Our firm tracks TPS designations and helps eligible individuals secure and maintain this vital protection while exploring longer-term solutions.
16. What qualifies as a U-visa case?
A U-visa is a humanitarian visa for victims of certain crimes who have suffered substantial physical or mental abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. Qualifying crimes include human trafficking, forced labor, domestic violence, sexual assault, rape, torture, trafficking of children, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, and others. The perpetrator must have violated U.S. law or violated laws where the victim was present. Additionally, you must possess information about the crime and be willing to help law enforcement. There’s no annual cap on U-visas, but the petition (Form I-918) is complex, requiring law enforcement certification (Form I-918B). Approval grants work authorization, eligibility for family members to receive derivative U-visas, and eventually green card eligibility. The U-visa process requires careful coordination with law enforcement and documentation of your victimization and assistance. Many U-visa cases involve vulnerable populations with limited English proficiency. Our attorneys work sensitively with crime victims to navigate this process and secure protection while pursuing justice. Consultation is free and confidential.
Deportation & Removal Defense
17. What should I do if I receive a Notice to Appear?
A Notice to Appear (NTA) initiates removal proceedings and specifies charges against you, court date, time, and location. Upon receiving one, act immediately: do not ignore it as non-appearance results in a default deportation order. Contact an immigration attorney immediately to review the charges and respond strategically. The NTA is provided at least 10 days before your hearing. At your first hearing (master calendar hearing), you’ll be asked to confirm your identity, explain the charges, and indicate whether you have an attorney. You can request a continuance to prepare your defense. Do not admit to any charges without legal counsel, as admissions limit your options. Possible defenses include challenging jurisdiction, disputing factual allegations, claiming eligible relief from removal, or identifying procedural errors. Consult with an attorney before any hearing or communication with immigration officials. An attorney can file motions, request evidence, conduct discovery, and represent you at hearings. The difference between represented and unrepresented individuals in removal cases is dramatic—representation significantly improves outcomes. If you cannot afford an attorney, ask about our payment plans or seek non-profit legal assistance.
18. Can I fight a deportation order?
Yes, you can fight a deportation order, but timing and grounds are critical. If you’ve received a final deportation order, you may have limited options depending on whether the order is administratively or judicially final. You can file a motion to reopen or reconsider with the immigration judge if you have new evidence, newly discovered facts, or evidence of a changed circumstance. These motions must be filed within certain timeframes and meet specific legal standards. Another option is filing an appeal to the Board of Immigration Appeals (BIA) if you have legal or factual arguments, though BIA review is limited. For certain cases, judicial review in federal court may be available, though this is limited to legal and constitutional questions. You can also seek prosecutorial discretion through a stay of removal request, asking USCIS to exercise discretion not to enforce the order. Time is critical—most deadlines pass quickly after a final order. Even if you’ve already been deported, certain grounds for reopening may exist. Every case is different, and acting quickly with experienced counsel is essential. Do not delay if you have a deportation order—call our office immediately to discuss your options.
19. What is cancellation of removal?
Cancellation of removal is a form of relief available to certain undocumented immigrants and those with removable status who meet strict requirements. For undocumented immigrants, you must have been physically present in the U.S. for at least 10 years, have good moral character, never been convicted of certain crimes, and have a U.S. citizen or permanent resident spouse, parent, or child who would suffer extreme hardship if you were deported. For those with status, the timeframe is three years. The “extreme hardship” standard is very high and requires showing that ordinary hardship is not sufficient. You must demonstrate that deportation would cause exceptional harm to qualifying relatives. Cancellation of removal applications require substantial evidence, including family documentation, financial records, medical evidence of hardship, letters from employers and community members, and expert declarations. If approved, you receive lawful permanent resident status. Cases are decided by immigration judges in removal proceedings—you cannot apply affirmatively with USCIS. Success depends heavily on strong documentation and credible testimony. This is a powerful relief option for long-term U.S. residents facing deportation, and our attorneys have extensive experience building compelling cancellation cases.