Frequently Asked Questions

Frequently Asked Questions

Are you wondering whether you need an immigration attorney, how to select an immigration attorney, or how attorney service fees work? Here are answers to some of the most common questions we receive.

Do I need an immigration attorney?

As every case is different, it’s difficult to say in an FAQ whether you would need an immigration attorney for your particular circumstances. It’s best to schedule a consultation with us so we can discuss your case and the cost of our services. We offer in-depth knowledge in many areas of immigration law, including marriage and family immigration, employment and business, and a variety of other visas, such as J-1 waivers. If you feel you could use assistance in one of these areas, please contact us.

What if you are unable to accept my case?

If your case doesn’t fall within our area of knowledge or we feel unable to handle your case, we’re happy to provide you with a referral to another qualified firm.

What is AILA?

AILA stands for the American Immigration Lawyers Association, a national organization that is comprised of over 15,000 law professors and attorneys who practice and teach immigration law. Members of AILA work to support the mission of:

  • Promoting justice
  • Advocating for fair and reasonable immigration law and policy
  • Advancing the quality of immigration and nationality law and practice
  • Enhancing members’ professional development

Although it’s not necessary to hire an attorney who is a member of AILA, membership in the organization demonstrates their commitment to staying current with the latest changes in immigration law. At Ranchod Law Group, we closely monitor and review materials and updates from AILA.

Why do I need an attorney can’t I just do my own research on the internet?

Although there are some good immigration resources online, relying on them could cause issues for your case. For example, if you file a poorly prepared immigration petition, it could delay your case or affect your chances of getting it approved. The information online could also be outdated or may only apply to the case that is discussed on the forum or blog. Immigration law is very complex; in addition to its complexity, it’s constantly changing. By working with an experienced and knowledgeable immigration attorney, you’ll have the benefit of working with a dedicated attorney who has a comprehensive understanding of the most current immigration laws and how to apply them to your case.

How are immigration attorney fees charged?

Typically, immigration attorneys charge on a flat or fixed-fee basis, while others charge an hourly rate. At Ranchod Law Group, we charge a flat fee for most standard immigration services. With a flat fee, the client agrees to pay a set amount of money for representation on a particular issue, such as securing a J-1 waiver. Flat fees can be very beneficial because they allow you to understand the costs upfront and budget accordingly. For more difficult cases or ones that require more time than usual, we may charge an hourly fee.

Which factors determine the price of an attorney’s fee?

There are a couple of factors used to determine the price of an attorney’s fees. The first factor is the complexity of the case. The more difficult a case is, the more time an attorney will need to spend on it. The second factor is the experience and reputation of the attorney. You can expect to pay higher attorney fees for a lawyer who has 20 years of experience and knowledge in immigration law versus one who has only a few years of experience.

Is there a difference between fees and costs?

“Fees” are the amount you’ll pay for the time an attorney and their staff spend on your case. However, you’ll also be required to pay “costs.” These include additional fees for photocopies of documents, express mail, filing fees, and similar expenses. If you’d like to have a breakdown of costs and fees, please ask us what’s included in the quoted fee, as well as an estimate of other expenses included in the costs.

How should I choose an immigration attorney?

If you’re considering hiring an attorney, it’s always recommended that you do some research on their background and the background of the firm to make sure they have the experience needed for your case. You can do this by checking the information on their website and calling the local State Bar. You can also check the State Bar’s website for the attorney’s name.

Once you’ve found an attorney you’re interested in working with, you should schedule a consultation and get a written quote for the fee they would charge for your case. By scheduling a consultation, you’ll have a chance to meet the attorney, discuss your case, and ask any questions you have.

Taking these steps will allow you to make an informed decision on whether the attorney, their firm, and their fees are right for you. Since the attorney (and their firm) can make a significant difference in the outcome of your case, it’s always best to research as much as possible before selecting one.

What are immigration consultants?

Immigration consultants offer immigration services, often at a low fee. For clients who have budget concerns, immigration consultants can be an attractive alternative to working with an immigration attorney. However, it’s important to realize that immigration consultants are not licensed immigration attorneys. Not only are they not authorized to provide legal immigration advice, but they often don’t have the experience, education, or ethical obligations required by the State Bar Association.

This means that working with an immigration consultant instead of an attorney could have negative consequences for your case; your case could potentially be delayed, or worse, mistakes could be made that hurt your chances of receiving immigration benefits. Some immigration consultants have also accepted client fees and then failed to deliver their services. The issues with immigration consultants have become so serious that many states now have legislation regarding them in place.

What should I do before starting an immigration case?

Before starting an immigration case, it’s important to understand your full immigration history, including past entries to the U.S., prior visas, petitions, denials, or interactions with immigration authorities. Even small details can have a major impact on your case. Speaking with an immigration attorney early helps identify potential risks, avoid costly mistakes, and determine the best legal strategy before any forms are filed.

Can an immigration attorney help if I am undocumented?

Yes. Being undocumented does not automatically mean you have no options. Depending on your situation, you may qualify for relief such as family-based petitions, waivers, humanitarian programs, or other forms of legal protection. An immigration attorney can review your circumstances confidentially and help you understand what pathways may be available.

Can I travel outside the U.S. while my green card application is pending?

It depends on your case. In many situations, leaving the United States without proper travel authorization (such as Advance Parole) can result in your application being considered abandoned. Before making any travel plans, it’s important to speak with an immigration attorney to avoid jeopardizing your case.

What happens if USCIS requests additional evidence (RFE)?

A Request for Evidence (RFE) means USCIS needs more documentation before making a decision. This is not a denial, but it must be taken seriously. Responding accurately and on time is critical. An immigration attorney can help prepare a strong response to address the concerns raised and protect your case from delays or denial.

How long does it take to become a U.S. citizen through naturalization?

Processing times vary depending on your location, background checks, and current USCIS workload. In most cases, naturalization can take several months to over a year. Delays may occur if additional documentation is requested or if there are issues in your immigration history. An immigration attorney can help ensure your application is properly prepared to avoid unnecessary setbacks.

What documents are typically needed to start an immigration case?

The documents required depend on the type of immigration case you are filing. Common documents may include passports, birth certificates, marriage certificates, prior immigration applications, visa records, and proof of lawful entry into the United States. Providing complete and accurate documentation at the start of your case can help avoid delays and improve the chances of a successful outcome.

Can I work in the United States while my immigration case is pending?

In many situations, individuals may apply for a work permit while their immigration case is being processed. Eligibility depends on the type of application filed and your immigration status. Once approved, an Employment Authorization Document (EAD) allows you to legally work in the United States for a specific period of time. An immigration attorney can help determine if you qualify and guide you through the application process.

Can I sponsor my parents for a green card?

Yes. U.S. citizens who are at least 21 years old can sponsor their parents for a green card. This process typically involves filing a petition and completing consular processing or adjustment of status, depending on the situation. It’s important to ensure all requirements are met and documents are properly prepared to avoid delays.

What happens after my immigration interview?

After your immigration interview, the officer may approve your case, request additional evidence, or continue reviewing your application. In some cases, you may receive a decision on the spot, while others may take additional time. If further documentation is requested, responding promptly and accurately is essential to keep your case moving forward.

Can I apply for a work permit while my immigration case is pending?

In many cases, individuals may be eligible to apply for a work permit while their immigration application is being processed. Eligibility depends on the type of case you have filed. Once approved, a work permit allows you to legally work in the United States for a specific period of time.

What is consular processing?

Consular processing is the process of applying for an immigrant visa through a U.S. embassy or consulate outside of the United States. This typically applies to individuals who are not eligible to adjust their status within the U.S. The process involves submitting forms, attending an interview, and providing supporting documentation.

Can I fix my immigration status if I entered the U.S. without inspection?

It may be possible, but it depends on your specific circumstances. Some individuals may qualify through family-based petitions, waivers, or other forms of immigration relief. Because these cases can be complex, it’s important to consult with an immigration attorney to understand your options and avoid potential risks.

What is the difference between adjustment of status and consular processing?

Adjustment of status allows you to apply for a green card from within the United States, while consular processing requires you to complete your application through a U.S. embassy or consulate abroad. The right option depends on your eligibility, immigration history, and current location. Choosing the correct path is important to avoid delays or complications.

Can I reopen my immigration case after a denial?

In some situations, you may be able to file a motion to reopen or reconsider your case after a denial. This typically requires showing new evidence or identifying an error in the original decision. Not all cases qualify, so it’s important to have your case reviewed to determine the best next step.

What happens if I miss an immigration deadline or appointment?

Missing a deadline or appointment can have serious consequences, including delays, denials, or even removal proceedings in certain cases. Depending on the situation, you may be able to reschedule or request that your case be reopened. Acting quickly is key to protecting your immigration options.