We recommend that everyone going through an immigration process should hire a lawyer. However, we recognize that not everyone absolutely needs an immigration lawyer for their process. 

You should seriously consider hiring an immigration lawyer especially if your case involves complex issues, such as past visa denials, criminal history, or if you're navigating the immigration process for the first time. You also need a lawyer, if you're in removal proceedings or immigration court.

An attorney can help ensure your paperwork is complete, guide you through interviews, and advocate for you if complications arise. In fact, we'd say that hiring a lawyer is most helpful when things don't go according to plan—untangling problems is what you need a lawyer for the most.

If you feel overwhelmed or unsure about your eligibility, hiring a lawyer is often the best way to protect your future in the U.S.

Initial consultations are handled through our Intake Specialist team.

For your initial intake, bring or send ahead any documents related to your immigration issue. This might include passports, visas, I-94 records, NTAs, documents from ICE, notices from USCIS, vital records, or any other documents related to your immigration status.  If applicable, bring marriage certificates, birth certificates, criminal records, or employment documents. 

If you already have a case ongoing with a different lawyer, we require a copy of the existing file before we do the intake. You can coordinate with our office before your intake appointment to sign a file release so we can request a copy of your file, or you can ask your lawyer for a copy of your file and get it to use before your appointment.

Having these documents on hand will help our intake team better understand your situation and figure out whether we move forward with your case.

The length of the immigration process varies depending on the type of application or petition, your individual circumstances, and USCIS processing times. Some cases, like work visas, can take a few months, while others, such as family-based green cards or naturalization, may take years.

Delays can occur due to backlogs, additional document requests, or other factors.

We try to set clear expectations with all of our clients that immigration processing can take a long time. We also empower our clients with information about how they can check processing times and case status themselves online at uscis.gov. 

Finally, some case types, such as U visas, have extremely long processing times but don't have any information available for viewing online. In all cases we ask for our client's patience as processing times are outside of Tingen Law's control.

Paying for legal services can represent a significant investment in your future, and it is important you understand what you are paying for from the beginning of representation. As a result, at Tingen Law we offer flat fees on the vast majority of our immigration work.

We only offer hourly fees for very specific situations that are outside the scope of most immigration filings.

The cost of hiring us depends on the complexity of your case and the services you need. Outside of incidental services such as FOIA requests, DACA, TPS, or EAD renewals, we have a minimum engagement amount of $1,500 for our immigration practice area. 

Your price usually ranges from at least $1,500 to several thousand dollars, sometimes even exceeding $10,000+ for some services. 

We are not a budget law firm, but we make every effort to provide a superior client experience. As the adage goes, you get what you pay for.

At your intake appointment, we will provide you with a quotation that details our flat fee, the specific services included in the scope of representation, and the milestones we have to meet for each portion of the flat fee to be earned.

Yes, you may be able to apply for a green card while in the U.S. on a visa, depending on your circumstances and visa type. This process is called "adjustment of status." It’s commonly available for individuals who are immediate relatives of U.S. citizens or eligible through employment-based sponsorship. However, certain visa types or conditions might limit your eligibility.

It's best to speak to our Intake team for help evaluating your specific case to see if you qualify for adjustment of status if you are currently present in the U.S. on a visa, or even if you have overstayed your visa.

Yes, you can apply for asylum in the U.S. even if you entered without documents. Asylum is available to individuals who can demonstrate a well-founded fear of persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group. However, you must apply for asylum within one year of entering the U.S., unless you qualify for an exception.

While some immigration applications might be more simple to figure out and file on your own, asylum law in the U.S. is complex. We highly recommend that you hire a lawyer to help you with your asylum filing. We have filed hundreds of asylum cases and know how to guide our clients through the asylum process.

During a USCIS interview, an officer will review your application and ask questions to verify the information you provided. They may ask about your background, immigration history, and the details of your case, such as your relationship with a sponsor or your employment. For marriage-based cases, both spouses may be interviewed to confirm the validity of the marriage. It's important to bring all requested documents and answer questions truthfully. 

Depending on the complexity of the case, we help clients prepare for their immigration interview. If needed, we sometimes also appear with our clients during their immigration interview. Because immigration interviews are not courtrooms and it is not an adversarial process, the participation of an immigration attorney tends to be limited. But in certain situations, such as when an applicant has a criminal history that might trigger inadmissibility concerns, we sometimes recommend having us attend the interview with you.

While not all immigration interviews require an attorney to be there with you, as a general rule, we attend asylum interviews.

In some cases, undocumented immigrants may be able to apply for a green card. Options depend on your situation, such as having a U.S. citizen spouse or child, being eligible under certain programs like VAWA, or qualifying for adjustment of status through specific pathways. However, many undocumented immigrants may face barriers, like the need to leave the U.S. and apply from their home country, which could trigger bans on reentry.

Depending on your situation, you may be able to apply for a green card from inside the U.S., while in other situations you may need to finish green card processing at a U.S. embassy or consulate in your home country. 

At your intake appointment we would evaluate your potential paths to a green card and let you know which process applies to your situation.

An RFE, or Request for Evidence, is a notice from USCIS asking for additional information or documentation to support your immigration application. It doesn’t mean your application is denied, but it’s crucial to respond properly. RFEs are routine, so stay calm.

You'll want to carefully review the RFE to understand what’s being requested, gather the required evidence, and submit it by the deadline. If you've already hired us, or another lawyer, DO NOT respond on your own. If you do, they may assume you are no longer retaining your lawyer and stop sending notices to your lawyer.

We work with our clients to respond to RFEs and make sure that USCIS gets what it needs to approve your application. We can't guarantee results at any stage of your process, but usually if you provide USCIS with what they are asking for it tends to lead to an approval.

To petition for a family member to come to the U.S., you’ll need to file Form I-130, Petition for Alien Relative, with USCIS. This establishes your relationship with your family member. Once approved, the process varies depending on whether your relative is an immediate family member of a U.S. citizen or falls into a family preference category. Immediate relatives generally have shorter wait times, while others may face longer processing due to visa caps. After approval, your family member will either adjust status in the U.S. or go through consular processing abroad.

The process can be straightforward, however, the petition is usually the first step in an immigration process. Depending on factors like immigration history, you usually want to plan these steps out in advance with the help of an immigration lawyer. When you reach out to Tingen Law, our Intake team will evaluate your immigration history so that we start your process on the right foot.

Sponsoring a spouse for a green card involves several steps. First, the U.S. citizen or green card holder files Form I-130, Petition for Alien Relative, to establish the relationship. If the spouse is already in the U.S., they may concurrently file Form I-485, Application to Adjust Status. If the spouse is outside the U.S., they will go through consular processing after the I-130 is approved. If the spouse is in or outside of the U.S., but is inadmissible under INA § 212, the process can become much more complex.

During the process, you’ll need to provide documentation like proof of marriage, joint finances, and other evidence to show the relationship is genuine. USCIS may also require an interview to confirm the details. If a hardship waiver is required, you'll also need to provide significant evidence supporting your hardship argument, including documentation of medical history, mental health, finances, or other hardship factors.

Our Intake team can evaluate whether your green card process is simple, or more complex and help you get started today.

The processing time for a marriage-based green card depends on several factors, including whether the sponsoring spouse is a U.S. citizen or a green card holder and whether the foreign spouse is applying from within the U.S. or abroad.

• If the sponsoring spouse is a U.S. citizen:
  • Spouses applying from within the U.S. (Adjustment of Status) typically receive their green card in 12 to 24 months.
  • Spouses applying from outside the U.S. (Consular Processing) generally wait 14 to 28 months.
• If the sponsoring spouse is a green card holder:
  • The process can take 24 to 36 months or longer, depending on visa availability and country-specific backlogs.

Other factors, like USCIS processing times, RFEs (Requests for Evidence), and interview backlogs, can also impact your case. To get a more accurate timeline, check the USCIS Case Processing Times tool on the USCIS website.

Yes, U.S. citizens can sponsor their fiancé for a K-1 fiancé visa, which allows them to enter the United States for the purpose of getting married. Once in the U.S., the couple must get married within 90 days, after which the foreign spouse can apply for a green card through the Adjustment of Status process.

To qualify for a K-1 visa, you must:

• Be a U.S. citizen (green card holders cannot sponsor a fiancé).
• Have met your fiancé in person within the last two years (some exceptions apply).
• Intend to marry within 90 days of their arrival in the U.S.
• Be legally free to marry.

If you are already married or plan to marry outside the U.S., a K-1 visa is not the right option. Instead, you may need to apply for a marriage-based green card through Consular Processing.

Yes, U.S. citizens who are at least 21 years old can sponsor their parents for a green card as immediate relatives under U.S. immigration law. Unlike other family-based visa categories, there is no annual limit on the number of visas issued to parents of U.S. citizens, which generally makes the process faster.

The process involves:

• Filing Form I-130 (Petition for Alien Relative) with USCIS.
• If your parent is in the U.S. with a lawful entry, they can apply for Adjustment of Status (Form I-485) to get their green card without leaving the country.
• If your parent is outside the U.S., they will go through Consular Processing, which involves applying for an immigrant visa through a U.S. embassy or consulate.

Processing times vary but typically range from 12 to 24 months.

If your Form I-130 (Petition for Alien Relative) is denied, USCIS will provide a written notice explaining the reason for the denial. Common reasons for denial include insufficient evidence of a qualifying family relationship, mistakes on the application, failure to meet financial sponsorship requirements, or issues related to the petitioner’s or beneficiary’s immigration status.

In most cases you can simply address the issue that was the cause for the denial and file a new I-130. You likely also have the option to appeal the decision, but refiling could be faster when you consider processing times.

If the denial was due to fraud, criminal history, or other serious issues, it could have long-term immigration consequences.

An application denial is not the end of the world and we are happy to review any application denials you may have received and help you resolve them so you can continue with your immigration matter.

A joint sponsor is someone who agrees to take financial responsibility for a green card applicant when the primary sponsor (petitioner) does not meet the income requirements set by U.S. immigration law. This is typically required when the petitioner does not earn at least 125% of the federal poverty guidelines (or 100% for active-duty military sponsors).

You may need a joint sponsor if:

• Your income is too low to meet the required threshold.
• You do not have sufficient assets to make up the difference.
• You are self-employed or have fluctuating income, and USCIS questions your financial ability to sponsor the immigrant.

The joint sponsor must:

• Be a U.S. citizen or lawful permanent resident (green card holder).
• Be at least 18 years old.
• Live in the U.S. and meet the same financial requirements as the primary sponsor.
• File Form I-864 (Affidavit of Support), just like the primary sponsor.

A joint sponsor does not have to be related to the applicant, but they are legally responsible for the sponsored immigrant and could be required to repay certain public benefits if the immigrant receives them.

In our office, when a client needs a joint sponsor, we encourage our clients who qualify based on income alone as opposed to assets as the application process is much simpler this way.

Yes, same-sex couples have the same rights as opposite-sex couples when applying for family-based immigration benefits in the United States. Since the Supreme Court’s ruling in United States v. Windsor (2013), U.S. Citizenship and Immigration Services (USCIS) recognizes same-sex marriages for immigration purposes as long as the marriage is legally valid in the jurisdiction where it was performed.

This means that:

• A U.S. citizen or lawful permanent resident can petition for a same-sex spouse to obtain a marriage-based green card.
• A U.S. citizen can file for a K-1 fiancé visa to bring their same-sex fiancé to the U.S. for marriage.
• Immigration benefits also extend to stepchildren and other qualifying family relationships within legally recognized same-sex marriages.

As long as the marriage is legally recognized where it took place, USCIS and the U.S. Department of State will process the petition in the same way as any other family-based immigration case.

To get a work permit, or Employment Authorization Document (EAD), you must already have an approved or pending immigration status that makes you eligible to work in the U.S. A work permit isn’t something you can apply for on its own—it’s always tied to a specific visa or immigration benefit.

For example, if you’re applying for a green card through marriage or another family-based category, you can request work authorization while your case is pending. Similarly, asylum seekers, DACA recipients, and certain student visa holders may qualify for work authorization under specific conditions. Some spouses of work visa holders, like those on L-1, E-2, or H-1B visas, may also be eligible for a work permit.

To apply, you need to file Form I-765, submit supporting documents, and wait for USCIS approval. Processing times vary but can take several months. The key thing to remember is that a work permit isn’t granted automatically—you must first have a valid immigration status that is approved, or pending, that allows you to apply for a work document.

The time it takes to get a work permit depends largely on the type of immigration application supporting your request. Since work authorization is typically granted based on an approved or pending immigration status, your timeline will vary depending on the underlying application.

For example, if you are applying for a green card and file for a work permit at the same time, you might wait 6 to 12 months before receiving approval. On the other hand, if you already have an approved status that allows you to work—such as asylum or Temporary Protected Status (TPS)—the processing times may vary.

 Meanwhile, those applying under Deferred Action for Childhood Arrivals (DACA) or other humanitarian programs may experience different wait times based on USCIS backlogs.

USCIS processing speeds can fluctuate, and delays are common, especially when requests for additional evidence (RFEs) are issued. To get an accurate estimate for your case, it’s best to check USCIS processing times based on your specific eligibility category.

It depends on your current immigration status and whether you have work authorization while your green card application is pending.

If you are applying for a green card from within the U.S. through Adjustment of Status (AOS), you can request a work permit (Employment Authorization Document - EAD) at the same time you file your green card application. However, you cannot start working until the EAD is approved, which can take several months.

If you already have a valid visa that allows work, such as an H-1B or L-1 visa, you can continue working under that status while your green card is being processed. But if you are in the U.S. on a visa that does not permit employment, such as a tourist visa (B-1/B-2), you cannot work legally while waiting.

From a practical standpoint, if you work from within the U.S. without a work permit, you become inadmissible under INA § 212. However, you should also be aware that if your green card application is based on an immediate relative relationship that working in the U.S. without authorization will not impact your eligibility for the green card pursuant to INA § 245(c).

For those applying from outside the U.S. through Consular Processing, there is no way to work in the U.S. until the green card is issued and you officially enter the country as a permanent resident.

If work authorization is important while you wait, make sure to apply for an EAD if eligible or maintain a visa status that permits employment.

A conditional green card is a temporary green card issued to individuals who obtain permanent residency based on a marriage that was less than two years old at the time of approval or through certain entrepreneur investment programs (EB-5). It is valid for two years and is intended to ensure that the marriage or investment is legitimate before granting full permanent residency.

If you receive a marriage-based conditional green card, you must file Form I-751 (Petition to Remove Conditions on Residence) within the 90-day window before the card expires. You and your spouse will need to provide evidence that your marriage is genuine, such as joint financial records, shared property, or photos together. If the marriage has ended due to divorce or other circumstances, you may still apply for a waiver of the joint filing requirement.

Failing to remove conditions before the expiration date can result in the loss of permanent resident status and possible removal from the U.S.

Asylum is a form of protection available to individuals who are already in the United States or arriving at a U.S. port of entry and fear persecution in their home country. To qualify, you must prove that you have suffered past persecution or have a well-founded fear of future persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

To apply for asylum, you must file Form I-589 (Application for Asylum and for Withholding of Removal) with USCIS within one year of arriving in the U.S., unless you qualify for an exception. Asylum seekers do not need a visa to apply, and they can include their spouse and children (under 21 and unmarried) in the application.

If your case is approved, you can apply for a green card after one year. If your asylum claim is denied, your case may be referred to immigration court for removal proceedings, where you may still have the chance to present your case before a judge.

While your asylum application is pending, you cannot apply for a work permit immediately, but you may be eligible after 150 days if your case remains undecided.

A U visa is a special visa for victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in investigating or prosecuting the crime. It provides protection to victims and helps law enforcement agencies by encouraging undocumented individuals to come forward without fear of deportation.

To qualify for a U visa, you must:

• Be a victim of a qualifying crime, such as domestic violence, human trafficking, sexual assault, kidnapping, or other serious offenses.
• Have suffered substantial physical or mental abuse as a result of the crime.
• Cooperate with law enforcement by providing information or assistance in the investigation or prosecution of the crime.
• Have been victimized in the U.S. or violated by U.S. laws, even if you are outside the country now.

If approved, a U visa allows you to work legally in the U.S. and apply for a green card after three years. It also provides protection from deportation and allows certain family members to apply for derivative U visas. However, there is an annual cap of 10,000 U visas issued per year, which often results in long wait times.

Temporary Protected Status (TPS) is a humanitarian program that allows individuals from designated countries to stay and work legally in the U.S. for a temporary period due to ongoing armed conflict, environmental disasters, or other extraordinary conditions in their home country.

To apply for TPS, you must:

• Be a national of a country designated for TPS by the U.S. government.
• Have been continuously present in the U.S. since the specified designation date for your country.
• File Form I-821 (Application for Temporary Protected Status) with USCIS during the registration or re-registration period.
• Pass background checks and meet other eligibility requirements.

Once approved, TPS provides protection from deportation and allows you to apply for a work permit (EAD) and, in some cases, a travel permit (Advance Parole). However, TPS does not automatically lead to a green card, though some beneficiaries may qualify for other immigration options.

TPS is a temporary benefit, and the U.S. government reviews each country’s designation periodically to determine whether to extend or terminate the program. Under the Trump administration, they are attempting to cancel the TPS designation for Venezuela and other countries.

Yes, if you have been granted asylum in the U.S., you can apply for a green card one year after receiving asylum status. To qualify, you must:

• Have been physically present in the U.S. for at least one year after being granted asylum.
• Continue to meet the definition of a refugee and not have returned to the country where you feared persecution.
• Have maintained asylum status and not committed any disqualifying crimes.

To apply, you need to file Form I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS. Any derivative beneficiaries of your asylum application, such as a spouse or children, may also apply for residency after 1 year.

Once approved, you will become a lawful permanent resident (green card holder), and after five years, you may become eligible to apply for U.S. citizenship.

Special Immigrant Juvenile Status (SIJS) is an immigration benefit for certain undocumented children in the U.S. who have been abused, neglected, or abandoned by one or both parents. SIJS provides a pathway to lawful permanent residency (a green card) for eligible minors who cannot be safely reunited with their parents.

To qualify for SIJS, a child must:

• Be under 21 years old at the time of filing form I-360
• Be unmarried.
• Have a state court order (such as from family or juvenile court) determining that:
  • They have been abused, neglected, or abandoned by one or both parents.
  • It is not in their best interest to return to their home country.
• Be inside the United States at the time of applying.

In most states, including Virginia, the state court order is usually a custody order and it must be obtained before the child reaches the age of 18. 

Once a state court issues the necessary findings, the child can file Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) with USCIS. If approved, they may be eligible to apply for a green card through Form I-485 when a visa number becomes available.

SIJS does not allow a child to sponsor their parents for a green card, even after obtaining permanent residency. However, it provides a path to long-term stability and protection in the U.S.

The Violence Against Women Act (VAWA) is a law that allows certain victims of domestic abuse to apply for immigration benefits without relying on their abuser. Under VAWA, victims can self-petition for a green card if they have suffered abuse at the hands of a U.S. citizen or lawful permanent resident (LPR) spouse, parent, or child. This protection is available to both women and men, despite the name of the law.

To qualify for a VAWA self-petition, you must prove that:

• You were abused by a U.S. citizen or green card holder who is your spouse, parent, or child.
• You lived with the abuser at some point.
• You are a person of good moral character.
• If applying as a spouse, you must also prove that your marriage was entered in good faith, not just for immigration purposes.

If your VAWA petition (Form I-360) is approved, you can apply for a green card (Form I-485) if a visa is available. VAWA also allows petitioners to apply for work authorization and certain public benefits while their case is pending.

Most importantly, VAWA is confidential—your abuser will not be notified that you have applied, ensuring your safety throughout the process.

To become a U.S. citizen through naturalization, you must first meet eligibility requirements and complete the application process.

Most applicants must:

• Be a lawful permanent resident (green card holder) for at least 5 years (or 3 years if married to a U.S. citizen and meeting other conditions).
• Have continuous residence in the U.S. and meet physical presence requirements.
• Demonstrate good moral character (no serious criminal history).
• Pass an English and U.S. civics test (unless eligible for an exemption).

To apply, you must:

1. Submit Form N-400 (Application for Naturalization) online or by mail.
2. Attend a biometrics appointment (if required).
3. Complete an interview with a USCIS officer, where you’ll answer questions about your application and take the civics and English test.
4. Receive a decision—if approved, you’ll get a notice for the Oath of Allegiance ceremony.
5. Take the Oath of Allegiance, officially becoming a U.S. citizen.

Processing times vary, but naturalization can take anywhere from 6 to 18 months or even longer, depending on USCIS's workload and your local field office.

It depends on the type of crime and when it occurred. To become a U.S. citizen through naturalization, you must demonstrate good moral character (GMC) for a required period—usually the five years before applying (or three years if applying based on marriage to a U.S. citizen). Certain criminal offenses can prevent you from meeting this requirement.

Some crimes are automatic bars to citizenship, meaning they make you permanently ineligible. These include:

• Aggravated felonies (e.g., murder, drug trafficking, certain violent crimes)
• Crimes involving moral turpitude (e.g., fraud, theft, serious assault, domestic violence)
• Multiple criminal convictions leading to five or more years in prison

Other less serious offenses, such as minor traffic violations or misdemeanors, may not disqualify you, but USCIS will review your entire history. If you committed a crime but it happened outside the required good moral character period, it may not automatically disqualify you, but it could still affect your case.

Before applying, it’s strongly recommended that you consult an immigration attorney if you have any criminal history. Applying without understanding the risks could lead to a denial or, in some cases, even deportation proceedings.