Answers to Your Most Important Immigration Questions
Navigating the U.S. immigration system can feel overwhelming, but having the right information is a powerful first step. Below, Attorney Gopal Shah answers some of the questions he hears most often. Every situation is unique, so we encourage you to schedule a consultation for advice tailored to your specific circumstances.
There are several pathways to immigrating to the United States, and the right one for you depends on your individual circumstances, your family connections, your employment situation, and your country of origin.
The most common immigration pathways include:
- Family-based immigration: If you have an immediate relative who is a U.S. citizen or lawful permanent resident, you may be eligible to obtain a green card through a family petition.
- Employment-based immigration: Many skilled workers, professionals, and investors can qualify for permanent residency through employer sponsorship or, in some cases, through self-petition.
- Asylum and refugee status: Those who have suffered persecution or have a well-founded fear of persecution in their home country may be eligible to seek protection in the U.S.
- Diversity Visa Lottery: Each year, the U.S. makes a limited number of green cards available through a lottery program to nationals of countries with historically low rates of immigration to the U.S.
- Special immigrant categories: Certain individuals — including religious workers, employees of international organizations, and others — may qualify under special immigrant categories.
Attorney Shah can help you evaluate your options and identify the most viable path forward. Contact us to schedule a consultation.
The specific documents required will vary depending on the type of immigration benefit you are applying for. However, most immigration applications require some combination of the following:
- Valid passport (and any prior passports)
- Birth certificate (often with a certified English translation)
- Marriage certificate, divorce decrees, or other family-related documents, as applicable
- Police certificates or criminal records clearance from countries where you have lived
- Employment records, educational transcripts, and professional certifications
- Evidence of financial support (such as an Affidavit of Support from a U.S. sponsor)
- Medical examination results from a USCIS-designated civil surgeon
- Photos meeting USCIS specifications
Our office will work closely with you to create a personalized checklist of required documents and guide you through the process of gathering and organizing everything correctly. A thorough, well-organized application package is one of the most important factors in a successful immigration case.
In many cases, yes — but it depends on your current immigration status and the type of application you have filed.
If you have filed an application to adjust your status to permanent resident (Form I-485), you are generally eligible to apply for work authorization simultaneously by filing Form I-765, Application for Employment Authorization. If approved, you will receive an Employment Authorization Document (EAD) that allows you to work legally in the U.S. while your green card application is pending.
If you are currently in the U.S. on a temporary work visa (such as an H-1B, L-1, or O-1), you may be able to continue working in that status while your green card application is pending, provided your employer continues to sponsor your visa and your status remains valid.
It is critical that you do not work without proper authorization, as doing so can jeopardize your pending application and your future immigration options. Attorney Shah can advise you on your specific situation and help you maintain a lawful status throughout the process.
A visa or immigration application denial is not necessarily the end of the road. Depending on the reason for the denial and the type of application involved, you may have several options:
- Request for Evidence (RFE) Response: If USCIS sends an RFE before making a final decision, you have an opportunity to submit additional evidence or clarification. A strong, thorough response can often overcome the issues that raised concern.
- Motion to Reopen or Reconsider: If your application is denied, you may be able to file a motion asking USCIS to reopen the case based on new evidence or to reconsider the decision based on an error of law or fact.
- Administrative Appeal: Certain denials can be appealed to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA), depending on the nature of the case.
- Federal Court Review: In some circumstances, it may be possible to challenge a denial through the federal courts.
- Reapplication: Depending on the basis for the denial, you may be eligible to file a new application once the underlying issue has been addressed.
If your application has been denied, contact our office as soon as possible. Time limits for appeals and motions are strict, and acting promptly gives you the best chance of a successful outcome.
The total cost of an immigration case varies widely depending on the type of application, its complexity, and your individual circumstances. Costs generally fall into two categories:
- Government filing fees: USCIS charges filing fees for most immigration applications and petitions. These fees vary significantly depending on the form and category. Some applicants may qualify for a fee waiver based on financial hardship.
- Attorney’s fees: Legal fees reflect the time, skill, and resources required to properly prepare and present your case. At Gopal Shah Immigration PC, we are transparent about our fees from the start. We will discuss the anticipated cost of legal representation during your consultation.
Additional costs may include medical examination fees, fees for document translations, travel costs for consular appointments, and expenses related to gathering supporting documentation.
We understand that immigration is a significant financial commitment. During your consultation, Attorney Shah will walk you through the expected costs for your specific situation so you can plan accordingly. There are no surprises at our firm.