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

It depends on your immigration status and the type of application pending. Some visa categories include work authorization automatically. Others require you to file a separate Employment Authorization Document (EAD) application on Form I-765. Certain pending applicants, such as those with pending adjustment of status applications, may be eligible for interim work permits.

What happens if my visa application is denied?

Your options depend on the type of denial and the reason. For USCIS denials, you may be able to file a motion to reopen or reconsider, or file an appeal with the Administrative Appeals Office (AAO). For consular denials, you may be able to reapply with additional evidence. An experienced immigration attorney can evaluate the denial notice and advise on the strongest path forward.

Will a criminal record affect my immigration case?

Yes, certain criminal convictions can have serious immigration consequences, including inadmissibility and deportability. Aggravated felonies, crimes involving moral turpitude, drug offenses, and domestic violence convictions are among the most problematic. Even minor offenses can trigger immigration consequences, so it is critical to consult an immigration attorney before entering any plea in a criminal case.

Do I need a lawyer for my immigration case?

While you are not required to have an attorney, immigration law is extremely complex and errors can have permanent consequences. Studies show that individuals with legal representation are significantly more likely to win their cases, particularly in removal proceedings. An experienced attorney can identify potential issues, prepare stronger applications, and navigate the system more effectively.

What is the difference between a visa and a green card?

A visa is a temporary authorization to enter the United States for a specific purpose and limited duration, such as tourism, work, or study. A green card grants lawful permanent resident status, allowing you to live and work in the United States indefinitely. Green card holders can eventually apply for U.S. citizenship through naturalization after meeting residency and other requirements.

Can I travel while my immigration application is pending?

Traveling outside the United States while an application is pending can be risky and may result in your application being considered abandoned. If you have a pending adjustment of status application, you generally need advance parole (Form I-131) to travel and return. Always consult your attorney before making any international travel plans during a pending case.

Immigration Law Attorneys

Experienced legal representation for immigration law matters across all 50 states.

Request a Consultation Call: 1-844-6-NWIND-1 (1-844-669-4631)

~1.2 million

Green Cards Issued Annually

Source: DHS Office of Immigration Statistics

3.7 million+

Pending Immigration Court Cases

Source: TRAC Immigration, Syracuse University

~967,500

Naturalization Applications (FY 2023)

Source: USCIS Quarterly Statistics

780,884

H-1B Petitions Received (FY 2024)

Source: USCIS H-1B Data

About Immigration Law

Immigration law governs the rules and procedures by which foreign nationals may enter, reside, and work in the United States. It encompasses a vast body of federal statutes, regulations, and executive actions administered primarily by the Department of Homeland Security (DHS) and its sub-agencies, including U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP). The Immigration and Nationality Act (INA), codified at Title 8 of the United States Code, serves as the foundational federal statute, establishing categories of admission, grounds of inadmissibility and deportability, and the framework for naturalization.

Immigration law touches nearly every aspect of a person's life, from the ability to reunite with family members to the opportunity to pursue education and employment. The system is divided broadly into family-based immigration, employment-based immigration, humanitarian protections (such as asylum and refugee status), and diversity-based immigration. Each category carries its own eligibility criteria, application procedures, processing timelines, and numerical limitations. Visa bulletin priority dates, per-country caps, and annual quotas create a complex web that can result in wait times ranging from months to decades depending on the applicant's country of origin and preference category.

Because immigration law is exclusively federal in nature, it is enforced uniformly across all fifty states, though local policies can affect how immigrants interact with law enforcement and public services. Recent years have seen significant regulatory changes through executive orders and policy memoranda, making the landscape especially dynamic. Whether someone is seeking a green card through a family petition, applying for an employment-based visa, defending against deportation, or pursuing citizenship through naturalization, understanding the current state of immigration law is essential to protecting one's rights and achieving a successful outcome.

Why You Need an Immigration Law Attorney

Immigration decisions carry life-altering consequences that extend far beyond paperwork. A denied visa application can separate families for years. A missed filing deadline can result in the loss of lawful status and trigger removal proceedings. A criminal conviction, even a minor one, can render a longtime permanent resident deportable. The stakes in immigration cases are extraordinarily high because they determine where a person can live, whether families can stay together, and whether individuals can remain safe from persecution in their home countries.

The complexity of immigration law means that even well-intentioned applicants frequently make errors that jeopardize their cases. USCIS reported denial rates exceeding 30 percent for certain visa categories in recent fiscal years, often due to insufficient documentation or misunderstanding of eligibility requirements. Immigration court backlogs have reached historic levels, with cases often pending for several years before resolution. Having knowledgeable legal representation can make the difference between approval and denial, between remaining in the country and being forced to leave.

Common Immigration Law Cases

Family-Based Green Cards

Sponsoring immediate relatives (spouses, parents, children) or other family members for lawful permanent residence through I-130 petitions and consular processing or adjustment of status.

Employment-Based Visas

Obtaining work authorization through H-1B specialty occupation visas, L-1 intracompany transfers, O-1 extraordinary ability visas, and other employment-based nonimmigrant categories.

Naturalization & Citizenship

Guiding lawful permanent residents through the N-400 naturalization process, including eligibility review, interview preparation, and civics test readiness.

Deportation & Removal Defense

Representing individuals in immigration court proceedings, including seeking cancellation of removal, voluntary departure, or other relief from deportation orders.

Asylum & Refugee Claims

Assisting individuals who have fled persecution based on race, religion, nationality, political opinion, or membership in a particular social group to obtain protection in the United States.

DACA Renewals & Applications

Helping eligible individuals who arrived in the United States as children to apply for or renew Deferred Action for Childhood Arrivals status, providing temporary protection from deportation and work authorization.

Waivers of Inadmissibility

Filing I-601 or I-212 waivers for individuals who are barred from admission due to prior immigration violations, certain criminal convictions, or other grounds of inadmissibility.

Investor & Business Visas

Securing E-2 treaty investor visas, EB-5 immigrant investor green cards, and other business-related immigration benefits for entrepreneurs and investors.

Typical Immigration Law Case Timeline

Initial Consultation & Case Assessment

1-2 weeks

Attorney reviews your immigration history, documents, and goals to determine the best strategy and identify any potential issues such as inadmissibility grounds.

Document Gathering & Preparation

2-8 weeks

Collecting required evidence including civil documents, financial records, employer letters, and translations. Completing application forms and preparing supporting briefs.

Application Filing

1-2 weeks

Submitting the petition or application to USCIS, the National Visa Center, or immigration court along with required filing fees and supporting documentation.

USCIS Processing & Adjudication

3-24 months

Wait time varies dramatically by case type and service center. Includes biometrics appointments, requests for evidence (RFEs), and background checks.

Interview or Hearing

1 day (scheduled months in advance)

Many applications require an in-person interview at a USCIS field office or a hearing before an immigration judge. Attorney prepares you for likely questions.

Decision & Post-Decision Steps

2-12 weeks

Receiving the decision and taking any necessary follow-up action, including consular processing abroad, receiving a green card, or filing an appeal if denied.

Know Your Rights

You have the right to an attorney in immigration proceedings, but unlike criminal court, the government is not required to provide one for free.
You have the right to remain silent if approached by immigration officers and are not required to answer questions about your immigration status.
You have the right to refuse entry to immigration agents who do not have a valid judicial warrant signed by a judge.
If detained by ICE, you have the right to contact your consulate and to make phone calls to arrange legal representation.
You have the right to a hearing before an immigration judge before being deported, with limited exceptions for individuals apprehended near the border.
You have the right to appeal an immigration judge's decision to the Board of Immigration Appeals (BIA) within 30 days of the decision.
Asylum seekers have the right to apply for protection regardless of how they entered the United States, and cannot be penalized solely for lacking documentation.

What to Look for in an Immigration Law Attorney

When selecting an immigration attorney, prioritize experience with your specific case type. Immigration law is highly specialized, and an attorney who excels at employment-based petitions may not be the best fit for asylum cases or removal defense. Look for attorneys who are members of the American Immigration Lawyers Association (AILA), as membership indicates a commitment to staying current on rapidly changing immigration policies. Ask about their familiarity with your local USCIS field office or immigration court, since procedures and adjudication tendencies can vary by jurisdiction. A qualified immigration attorney should be transparent about processing times, potential obstacles, and realistic outcomes. Be cautious of anyone who guarantees approval, as no attorney can promise a specific result in immigration cases. Verify that the attorney is licensed to practice law in at least one U.S. state and check for any disciplinary history through the state bar association. Many immigration attorneys offer initial consultations at reduced rates, which can help you evaluate whether they understand your situation and communicate clearly.

Questions to Ask Your Immigration Law Attorney

1How many cases like mine have you handled in the past year, and what were the outcomes?
2What is the current processing time for my type of case at the relevant USCIS service center or field office?
3Are there any potential issues in my immigration history that could affect my case, such as prior overstays or unlawful presence?
4What documents will I need to gather, and can you provide a detailed checklist?
5How will you communicate case updates to me, and who in your office will be my primary point of contact?
6What are the total costs, including your fees and all government filing fees, and do you offer payment plans?
7If my case is denied, what are my options for appeal or alternative relief?

Understanding Immigration Law Legal Costs

Immigration attorney fees vary based on case complexity and geographic location. Simple applications like DACA renewals may cost $500 to $1,500 in legal fees, while family-based green card cases typically range from $2,000 to $5,000. Employment-based petitions, particularly H-1B and PERM labor certifications, often range from $3,000 to $10,000 or more, with employer sponsorship covering most costs. Removal defense cases in immigration court can range from $5,000 to $15,000 or higher depending on the complexity and number of hearings. In addition to attorney fees, applicants must pay government filing fees directly to USCIS, which range from around $460 for an I-130 family petition to $1,440 for an I-485 adjustment of status application. Some applicants may qualify for fee waivers. Most immigration attorneys charge flat fees for specific applications rather than hourly rates, making costs more predictable.

Key Legal Terms

Video Resources

These videos are provided for informational purposes only. The attorneys and organizations featured are not affiliated with or endorsed by Northwind Law.

H1B Visa or Work-Based Green Card: Which is Easier?

Hacking Immigration Law, LLC

TRAVEL RULES Green Card Holders Must Know