Frequently Asked Immigration Questions

We handle asylum, removal and deportation defense, family immigration, citizenship and naturalization, BIA and federal court appeals, Special Immigrant Visas (SIV) for Afghan and Iraqi allies, federal habeas corpus for detained individuals, mandamus lawsuits for unreasonably delayed cases, and business and employment immigration. If you are unsure whether your situation falls within our practice, contact us and we will let you know.

Yes. Immigration law is federal, and we represent clients nationwide in many matters before USCIS, the immigration courts, the Board of Immigration Appeals, U.S. District Courts, U.S. Courts of Appeals, the National Visa Center, and U.S. consulates abroad. Some matters may require local counsel or jurisdiction-specific strategy — we will let you know if that applies to your situation.

After you submit the contact form or call us, our team collects basic information about your situation, identifies any urgent deadlines, and determines whether a consultation or another next step is appropriate. You will hear back from us to schedule a time to talk. If your matter is urgent — such as an upcoming court date or an ICE detention — please say so clearly in your message.

No. Sending a message, submitting a form, or calling the firm does not create an attorney-client relationship. That relationship begins only when the firm agrees to represent you and both parties sign a written engagement agreement.

Bring any documents you have — immigration notices, court hearing dates, prior applications, passports, prior attorney letters, government notices from USCIS or ICE, and anything else related to your situation. If you have received a Notice to Appear or a removal order, bring those as well. The more information you can share, the more useful the consultation will be.

Yes. Ehsan Law provides services in English, Dari, Farsi, Spanish, and Pashto. If you prefer to speak in one of these languages, let us know when you contact us.

Legal fees depend on the case type, complexity, urgency, evidence needs, whether the matter involves USCIS, immigration court, federal court, or consular processing, and other factors specific to your situation. When we offer representation, we explain the scope of work, what is included, what is not included, and the fee structure before you sign anything. We discuss this clearly during the intake and consultation process.

In some cases, yes. We handle consular processing, NVC delays, SIV cases, and mandamus lawsuits for applicants abroad. Whether we can assist depends on the case type and where in the process things stand. Contact us with the details and we will let you know.

A person may qualify for asylum if they have suffered persecution — or have a well-founded fear of future persecution — because of their race, religion, nationality, political opinion, or membership in a particular social group. Asylum requires meeting a legal standard, not just showing that something bad happened. The harm must be connected to one of these protected grounds, and there must be a reason the home country's government cannot or will not protect you.

Generally, asylum applications must be filed within one year of arriving in the United States. However, there are exceptions for changed circumstances (such as a change in country conditions or a change in your personal situation) and extraordinary circumstances (such as serious illness or ineffective assistance of a prior attorney). These exceptions are evaluated case-by-case. If you missed the one-year deadline, speak with an attorney before concluding that asylum is unavailable to you.

Affirmative asylum is when you proactively apply with USCIS while you are not in removal proceedings. An asylum officer reviews your application and may interview you. Defensive asylum is when you raise asylum as a defense in immigration court after removal proceedings have been initiated against you. The process, timeline, and strategic considerations are different for each. An attorney can help you understand which applies to your situation.

Yes. Many asylum seekers cannot safely retrieve documents from their home country. While supporting evidence strengthens a case, a well-prepared personal declaration and corroborating country condition evidence can be powerful even without official records. An attorney helps identify what evidence is realistic to obtain and how to make the strongest possible case with what is available.

A spouse and unmarried children under 21 who are in the United States at the time of filing may be included as derivative applicants on your asylum case. In some situations, family members may also need to file their own separate asylum claims. Timing and family status both matter — an attorney can advise on the best approach for your family.

A denial from USCIS typically results in referral to immigration court, where you can renew your asylum claim before an immigration judge. A denial from an immigration judge can be appealed to the Board of Immigration Appeals (BIA), and in some cases further to a U.S. Court of Appeals. A denial is not always the end of the road — but timelines for appeals are strict and short.

In most asylum cases, your personal testimony is an important part of the record. An immigration attorney helps you prepare to describe your experiences in a structured way — clearly and truthfully — so that the immigration officer or judge can understand your claim. The goal is to make the process as manageable as possible, and to explain your story in legal terms that the system recognizes.

Do not ignore it. A Notice to Appear is the government's formal initiation of removal proceedings against you. It includes a court date or a date to be determined later. Contact an immigration attorney as soon as possible — before any hearing. Do not admit to any allegations on the NTA without legal advice, and make sure your current mailing address is on file with the immigration court.

Possibly. Depending on when the order was issued and the circumstances, options may include a motion to reopen or reconsider, a federal habeas corpus petition challenging detention, a stay of removal, or other legal strategies. The longer you wait, the fewer options remain. If you or a family member has a removal order, seek legal advice immediately.

The options depend on your immigration history, family ties, length of residence, criminal history, and the facts of your case. Potential forms of relief include asylum, withholding of removal, Convention Against Torture (CAT) protection, cancellation of removal, adjustment of status, voluntary departure, and others. Not everyone qualifies for every form of relief — an attorney reviews all available options before any hearing.

If someone is detained, act quickly. Contact an attorney immediately to evaluate bond eligibility, request a bond hearing before an immigration judge, review the underlying immigration case, and — if detention has continued for an extended period — assess whether a federal habeas corpus petition is appropriate. Detained cases move on tighter timelines.

Yes, significantly. Some criminal convictions can make a person deportable, inadmissible, or ineligible for certain forms of relief. The immigration consequences of criminal convictions are complex and do not always match the criminal law penalties. If you have any prior arrest, charge, or conviction, it is critical to discuss this with an immigration attorney before any filing or hearing.

You have the right to hire an attorney, but immigration courts do not provide free appointed counsel the way criminal courts do. Representing yourself in immigration court — especially in a removal case — is extremely difficult. The government is represented by trained lawyers. Most unrepresented respondents who face removal do not have a full understanding of the relief available to them or how to present evidence effectively.

If you are a U.S. citizen, you can file an I-130 petition for your spouse, who will then go through consular processing abroad to receive an immigrant visa (CR-1 or IR-1). The timeline depends on USCIS processing, the NVC, and the U.S. consulate in your spouse's country. If your spouse has prior immigration violations or other issues, additional steps — including a waiver — may be required. An attorney helps map the right path before anything is filed.

In many cases, a spouse of a U.S. citizen who entered the country lawfully (with a valid visa) can apply for a green card through adjustment of status without leaving. Whether this is possible depends on how they entered, their immigration history, and whether any inadmissibility bars apply. Do not assume it is straightforward — review your full situation with an attorney first.

A visa overstay is a complication, but it does not automatically disqualify someone from a green card. The analysis depends on how your spouse entered the country, how long they overstayed, and whether they have any other immigration history. In some situations, a waiver may be required. Get an attorney's review before filing anything — a wrong step can bar the person from returning to the U.S. for years.

An I-601A provisional unlawful presence waiver allows certain immediate relatives of U.S. citizens to apply for a waiver of the three-year or ten-year bar before leaving the United States for consular processing. It is designed to reduce the time families are separated. Whether you need one — and whether you qualify — depends on your specific history. An attorney should review the situation before any steps are taken.

For immediate relatives of U.S. citizens (spouses, parents, unmarried children under 21), there is no annual cap, so there is no wait based on a visa priority date. However, USCIS processing times, NVC scheduling, and consular processing or USCIS interview scheduling all add time. Complications, RFEs, and administrative processing can extend timelines significantly. An attorney can give you a realistic picture based on current conditions and your specific situation.

Lawful permanent residents (green card holders) can petition for their spouse and unmarried children, but these family members fall in a preference category — not the immediate relative category — which means they are subject to annual caps and priority date backlogs. Current wait times vary significantly by country of birth. An attorney can advise on the current state of the backlog and whether there are strategies to accelerate the process.

Most lawful permanent residents become eligible to apply for naturalization after five years of continuous residence (or three years if married to and living with a U.S. citizen throughout that period). Eligibility also requires physical presence, good moral character, and other requirements. However, certain issues — long absences, criminal history, tax problems, or prior immigration violations — can affect eligibility. A pre-filing review with an attorney is the safest first step.

In limited but serious circumstances, yes. If USCIS discovers during the naturalization review that the original green card was obtained improperly — or that there is an issue that would have made the applicant inadmissible — they can refer the case to immigration court. This is rare but it happens. It is one reason why a pre-application review is worthwhile, particularly for applicants with complicated immigration histories.

Extended absences from the United States can break continuous residence, which is one of the requirements for naturalization. A single trip of more than six months raises questions, and a trip of more than one year can be presumed to break continuous residence. Whether your absences are disqualifying depends on the timing, reasons, and your overall history. An attorney can calculate your physical presence and continuous residence accurately before you apply.

Possibly. Naturalization requires demonstrating good moral character during the statutory period (typically the five years before filing). Some criminal matters — even old ones — can be disqualifying. The analysis depends on the nature of the offense, the disposition, and when it occurred. Do not assume old records are irrelevant — discuss your full criminal history with an immigration attorney before applying.

Applicants who fail the civics or English test at their first interview are typically scheduled for a second test within 60-90 days. Most applicants pass on the second attempt. There is also a medical disability exception to the English and civics requirements for applicants with qualifying conditions. We help clients prepare so that the test is not an obstacle.

Citizenship can be acquired automatically at birth or derived later through a parent's naturalization, depending on the specific facts — the parent's citizenship status, your age at the time of key events, your parents' marital status, and your custody and residence history. If you believe you may already be a citizen, you can apply for a Certificate of Citizenship (Form N-600). An attorney reviews the facts to determine whether you qualify.

The options depend on what was denied and by whom. A denial by an immigration judge can be appealed to the Board of Immigration Appeals (BIA). A BIA denial may be challenged in a U.S. Court of Appeals through a Petition for Review. A USCIS denial may be appealed to the Administrative Appeals Office (AAO) or challenged in federal court in some situations. In many cases, a motion to reopen or reconsider is also possible. Act quickly — appeal and motion deadlines are strict.

The deadline to appeal to the BIA is typically 30 days from the date of the immigration judge's decision. This deadline is firm. Waiting even a few days to seek legal help after a denial can close off options. If you received a denial, contact an attorney as soon as possible — do not wait to see what happens.

A motion to reopen asks the immigration court or the BIA to reopen a previously decided case, usually because of new evidence, changed circumstances, or a legal error that was not addressed in the original decision. Motions to reopen have their own deadlines and legal standards. In some situations — such as ineffective assistance of prior counsel — a motion to reopen can be filed even after standard deadlines have passed, if the legal requirements are met.

Filing a timely appeal to the BIA generally stays removal automatically in most cases. However, it does not always do so — and for petitions for review in federal court, a separate emergency motion for a stay of removal is usually required. Whether removal is stayed depends on the type of case and the procedural posture. This must be evaluated immediately after a denial — do not assume removal is stopped without confirming it legally.

In some circumstances, yes. A claim of ineffective assistance of counsel — where a prior attorney's errors caused serious harm to the case — can support a motion to reopen, even after normal deadlines have passed. The legal requirements for this type of motion are specific and involve steps that must be followed carefully. If you believe a prior attorney made errors that affected your case, discuss it with a new attorney before concluding that all options are closed.

Generally, appeals to the BIA are limited to the record that was before the immigration judge — new evidence is not typically submitted at the appellate level. However, a motion to reopen based on new evidence is a separate process. If your situation involves new facts or evidence that were not available at the original hearing, a motion to reopen may be the right tool rather than a direct appeal.

Start by documenting everything — filing receipts, case status records, inquiry history, service requests, and congressional contact records. Then consult an attorney to evaluate whether the delay qualifies for a mandamus or APA lawsuit. Not every delayed case is ripe for federal litigation, but when the delay is unreasonable and well-documented, a federal lawsuit can move a case that has been stuck for years. Many cases resolve quickly after a complaint is filed.

A mandamus lawsuit is a federal civil action that asks a U.S. District Court to order a government agency to perform a legal duty it has unreasonably delayed. In immigration, it is typically used to force USCIS, the State Department, the National Visa Center, or a U.S. consulate to make a decision on a pending application. A mandamus lawsuit does not ask the court to approve the case — it asks the court to require the government to finally act on it.

No. A mandamus lawsuit typically compels the government to make a decision — not a specific decision. The government may approve, deny, or issue a request for evidence. That is why we review the underlying application carefully before recommending litigation. If there are problems with the underlying case, forcing a decision quickly may not be in the applicant's interest.

There is no fixed rule. Courts look at the type of case, normal processing times, the length of the specific delay, concrete harm to the applicant, and the history of prior inquiries. Generally, the stronger the documentation of the delay and the more serious the harm, the stronger the case for mandamus. We evaluate each situation individually.

The Administrative Procedure Act allows federal courts to review agency action that is 'unreasonably delayed or unlawfully withheld.' In immigration delay cases, APA claims are typically filed alongside mandamus claims to give the court multiple legal bases to act. Together, they form the standard legal framework for challenging USCIS and consular processing delays in federal court.

Possibly. Administrative processing — especially for security checks — can last years without explanation. Courts have granted relief in extended administrative processing cases where the delay is unreasonable and documented. The analysis depends on the case type, the length of delay, whether the consular nonreviewability doctrine applies, and other factors. An attorney can evaluate whether your situation is a good candidate for litigation.

Yes. In addition to a standard mandamus lawsuit, applicants whose naturalization interviews were completed but whose cases remain undecided for more than 120 days have a specific statutory remedy under 8 U.S.C. § 1447(b). This allows an applicant to petition the U.S. District Court to either decide the case or remand it to USCIS with instructions. This is one of the more direct legal tools available for delayed naturalization cases.

Act quickly and seek legal help. First, determine whether there is an active immigration case or appeal — the strategy depends on where things stand legally. If bond has not been requested, a bond hearing before an immigration judge may be possible. If detention has continued for an extended period and normal immigration court remedies have not resolved the situation, a federal habeas corpus petition may be appropriate. Detained cases require urgent attention.

A habeas corpus petition is a federal civil lawsuit filed in U.S. District Court that asks a federal judge to review whether the government has the legal authority to continue holding someone in detention. It is not an immigration appeal — it is a separate federal proceeding focused specifically on the lawfulness of continued custody. It requires federal litigation experience and must be filed in the correct court.

There is no fixed minimum. The most commonly discussed threshold comes from Zadvydas v. Davis (2001), a Supreme Court case holding that immigration detention beyond six months after a final order of removal — in cases where removal is not reasonably foreseeable — raises serious constitutional concerns. However, habeas corpus can also be used to challenge pre-final-order detention when bond review has been inadequate. Each case is evaluated individually.

In most cases, yes. An immigration judge can set bond for individuals in removal proceedings unless they fall into specific categories that make them subject to mandatory detention — such as certain criminal convictions or national security grounds. A bond hearing requires preparation: evidence of family ties, community ties, employment history, and other factors that show the person is not a flight risk or danger to the community.

Yes. Federal habeas corpus petitions are filed in the federal district court where the person is detained. We handle cases in federal courts in Washington and can consult on cases in other districts. For the underlying immigration case, we can coordinate remotely and appear by telephone or video where courts permit. Getting legal help early is especially important in detained cases — deadlines move faster.

Under Zadvydas v. Davis, if removal is not reasonably foreseeable — because the country of removal will not accept the person or for other reasons — continued detention beyond six months after the final removal order may be unlawful. The government has the burden of showing that removal will occur in the reasonably foreseeable future. A federal habeas petition is the tool for challenging this type of prolonged post-order detention.