Frequently Asked Questions
FAQ
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Asylum & Humanitarian Relief
Am I eligible for asylum in the United States?
What is the one-year filing deadline for asylum?
You must file your asylum application within one year of arriving in the U.S.
1. Exceptions exist for:
– Changed circumstances (e.g., worsening conditions in your home
country)
– Extraordinary circumstances (e.g., trauma, illness, legal disability)
Can I apply for a work permit while my asylum case is pending?
Yes. You may apply for work authorization 150 days after
submitting your asylum application, if no delays are caused by the
applicant.
Can my spouse or children be included in my asylum case?
Yes. You may include a spouse and unmarried children under 21.
Derivatives may also file separately if needed.
What happens if I entered the U.S. without a visa?
You may still
apply for asylum. Entry without inspection does not bar asylum eligibility.
I-751 Petitions
When a Marriage is Separated, Divorcing, or Not yet Terminated
What is Form I-751 and who must file it?
A Conditional Permanent Resident (“CPR”) who obtained status through marriage must file Form I-751 to remove conditions on residence.
Normally, the CPR and the petitioning spouse must jointly file the petition within the 90-day window before the second year of conditional residence.
What waiver options exist for filing I-751 without the spouse?
USCIS allows a CPR to request a waiver of the joint filing requirement only if they can show:
- Extreme hardship if removed from the U.S.;
- The marriage was entered in good faith but was terminated (not death); or
- The marriage was entered in good faith, but the CPR or their child was battered or abused by the U.S. citizen or LPR spouse.
IMPORTANT:
Being legally separated or having divorce proceedings pending does not by itself qualify a CPR for the “marriage terminated” waiver. The divorce must be final.
What happens if I file a divorce-based I-751 waiver, but my divorce is not final yet?
If a CPR requests a waiver based on “termination of marriage,” but the divorce is only pending, USCIS will:
- Issue a Request for Evidence (RFE) giving the CPR 87 days to submit a final divorce decree.
- If the CPR provides the final decree, USCIS adjudicates the case normally.
- If the CPR cannot provide the final divorce, the petition will be denied, conditional residence terminated, and the case may be sent for a Notice to Appear (NTA) in removal proceedings.
However, the CPR may still present the final divorce decree and seek a waiver before an immigration judge if the divorce is finalized during removal proceedings.
Can separated spouses still file a joint I-751?
Yes. USCIS cannot deny a jointly filed I-751 simply because the couple is:
- Separated,
- In divorce or annulment proceedings, or
- Living apart.
However, separation or pending divorce may raise concerns about whether the marriage was bona fide.
What does USCIS check when reviewing a joint I-751?
USCIS must find all of the following:
- The marriage was legally valid.
- The marriage has not been terminated.
- The marriage was not entered only to obtain immigration benefits.
No improper payment was made for the underlying immigration petition.
What if a joint I-751 is filed but the couple is separated or divorcing?
- Issue an 87-day RFE requesting:
- The final divorce decree, and
- A statement from the CPR requesting to convert the joint filing to a waiver.
- If the divorce becomes final, USCIS amends the I-751 to a waiver request and adjudicates based on good-faith marriage evidence.
- USCIS assesses the bona fides of the marriage.
- The case may be approved denied, or sent to a field office for an interview.
When will USCIS send the case to a field office for an interview?
Cases are relocated for interview if:
- Evidence submitted does not sufficiently demonstrate a good-faith marriage,
- The couple is separated or in divorce/annulment proceedings, and
- The Service Center cannot determine eligibility based on the paper record.
The Field Office Immigration Service Officer then determines whether all four statutory requirements for joint filing approval are met.
What happens if the Field Office finds the marriage was not bona fide?
If the evidence or interview shows the required marriage facts are not true, USCIS will:
- Deny the I-751,
- Terminate conditional resident status, and
Issue an NTA for removal proceedings.
Does USCIS allow converting a joint petition into a waiver without refiling?
Yes. If a divorce becomes final during the RFE period, the CPR may request that the joint petition be treated as a waiver petition. The CPR does not need to file a new I-751.
Green Cards/ Adjustment of Status
What is adjustment of status?
Adjustment of Status (“AOS”) allows a person inside the U.S. to apply for a green card without leaving for a consular interview.
Can I adjust status if I overstayed my visa?
If you are married to a U.S. citizen (or are an immediate relative), you may still be eligible even with an overstay. Other categories may require a waiver.
Do I need a medical exam?
Yes. Form I-693, completed by a certified civil surgeon, is required for most AOS applications.
Can I get a work permit while my green card application is pending?
Yes. Work authorization and advance parole (travel permission) can be filed with the AOS package.
Does having a criminal record affect my green card case?
Potentially. Some convictions make a person inadmissible, but many situations can be cured through waivers.
Citizenship/ Naturalization
When can I apply for citizenship?
Most applicants need a green card for:
- 5 years, or
- 3 years if married to a U.S. citizen
Some exceptions exist (military service, VAWA, etc.).
What are the English and civics requirements?
Applicants must demonstrate:
- Basic English ability
- Knowledge of U.S. history and government
Exemptions are available based on age, years as a green card holder, or disability.
What issues can cause a naturalization denial?
Common issues include:
- Criminal history
- Long trips outside the U.S.
- Failure to pay taxes or child support
- Misrepresentation on earlier applications
Can I apply for citizenship if I have a criminal record?
In many cases, yes, but every case should be carefully evaluated before filing.
Removal Defense/Immigration Court
What happens at a Master Calendar Hearing (“MCH”)?
MCH is a short, procedural hearing where the judge:
- Reviews charges
- Sets deadlines
- Schedules the merits hearing
You do not present full testimony at this stage.
How do I know if I have a deportation order?
Orders may be issued in person or in your absence. An attorney can check through court systems and DHS records.
Can I reopen a removal order?
Often yes—especially if:
- You never received notice
- You have new relief available (e.g., marriage to a U.S. citizen, asylum eligibility)
- Your Previous attorney was ineffective in assisting you with your case
Can I get a work permit while in removal proceedings?
Yes, depending on the type of relief you are seeking (e.g., asylum, adjustment of status).
Waivers (I-601, I-601A, I-212, 209(c), etc.)
What is a waiver?
A waiver allows someone who is otherwise inadmissible or deportable to still obtain lawful status.
What types of waivers are available?
Common waivers include:
- I-601A (provisional unlawful presence)
- I-601 (unlawful presence, fraud, criminal issues)
- I-212 (permission to reapply after removal)
- 209(c) (for asylees/refugees with certain inadmissibility issues)
Do waivers require hardship?
Most waivers require showing extreme hardship to a qualifying relative (spouse or parent).
The 209(c) waiver requires showing humanitarian factors, family unity, or public interest.
How long do waivers take?
Processing times vary widely, often from 6–24 months, depending on the waiver type.